TMI Blog2013 (8) TMI 1055X X X X Extracts X X X X X X X X Extracts X X X X ..... tion of his case/complaint to Central Bureau of Investigation (hereinafter referred to as the `CBI ). 2. The case has a chequered history as the matter has moved from the court of the Magistrate to this Court time and again. Facts and circumstances necessary to adjudicate upon the controversy involved herein are that: A. The appellant, who is an Associate Professor in Physics in the Presidency College, Chennai, went to his village on 26.8.1998. At about 11.00 P.M., approximately ten people headed by the then Revenue Divisional Officer (hereinafter referred to as the `RDO ), forcibly took him in a government jeep and brought him to the Taluk office and enquired about why he had given a false complaint regarding the smuggling of teakwood in that area. The then RDO and other officials treated him with utmost cruelty and caused severe injuries all over his body and then obtained his signatures on blank papers which were filled up as directed by the then RDO. On the next day, he was handed over to the local Police Inspector along with the statement purported to have been written by the officials concerned. B. The appellant was produced before the Magistrate on 27.8.1998 at 10.3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urt to pass a fresh order in a petition that had been disposed of, directing again the investigation to be made by the CBI. This view was taken in view of the provisions of Section 362 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the `Cr.P.C. ). This Court also took note of the fact that it was not the application by the appellant to transfer the case to CBI. Thus, the said order dated 1.10.2004 transferring the investigation to CBI by the High Court was set aside. However, this Court kept it open that the appellant could prefer a fresh criminal petition under Section 482 Cr.P.C. for transferring the investigation from the State police authorities to CBI, depending upon subsequent events. In such an eventuality, it would be open to High Court to entertain such application and decide the same in accordance with law. G. The appellant was summoned by the DSP, SBCID on 7.7.2010 and again on 25.10.2010 and his statements were recorded. Being un- satisfied with the investigation conducted by the SBCID, the appellant filed Crl. O.P. No. 9639 of 2011 in April 2011 before the High Court, seeking transfer of the investigation to CBI. The said application has been di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ake cognizance and also direct further investigation under Section 173(8) Cr.P.C. Thus, there is no justification to transfer the case to CBI and the appeal is liable to be rejected. Shri Mukul Gupta, learned senior counsel appearing on behalf of the CBI, supported the case of the respondents and further submitted that the CBI has a shortage of manpower and is already overburdened. More so, the present case does not present special features warranting transfer to CBI for investigation. 5. We have considered the rival submissions made by the learned counsel for the parties and perused the records. 6. The issue involved herein, is no more res integra. This Court has time and again dealt with the issue under what circumstances the investigation can be transferred from the State investigating agency to any other independent investigating agency like CBI. It has been held that the power of transferring such investigation must be in rare and exceptional cases where the court finds it necessary in order to do justice between the parties and to instil confidence in the public mind, or where investigation by the State police lacks credibility and it is necessary for having a fair, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nstitution Bench of this Court has clarified that extraordinary power to transfer the investigation from State investigating agency to any other investigating agency must be exercised sparingly, cautiously and in exceptional situations where it becomes necessary to provide credibility and instil confidence in investigation or where the incident may have national and international ramifications or where such an order may be necessary for doing complete justice and enforcing the fundamental rights. (See also: Ashok Kumar Todi v. Kishwar Jahan Ors., AIR 2011 SC 1254). 9. This Court in the case of Sakiri Vasu v. State of UP, AIR 2008 SC 907 held: This Court or the High Court has power under Article 136 or Article 226 to order investigation by the CBI. That, however should be done only in some rare and exceptional case, otherwise, the CBI would be flooded with a large number of cases and would find it impossible to properly investigate all of them. (Emphasis added) 10. In view of the above, the law can be summarised to the effect that the Court could exercise its Constitutional powers for transferring an investigation from the State investigating agency to any other indepen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng that the subsequent development would not warrant the transfer of investigation. The High Court has further taken note of the fact that the investigation had been properly conducted by the State investigating agency, 46 witnesses had been examined and a large number of documents had been filed and the investigating agency had concluded the investigation in respect of allegations labelled by the appellant against the alleged accused. 13. The High Court has further taken note of the earlier judgment of this Court dated 2.9.2008 wherein this Court had given liberty to the appellant to move a fresh application under Section 482 Cr.P.C., if it is so required in view of the subsequent events having been taken place . The relevant part of the order of this Court reads as under: We make it clear once again that if a fresh criminal petition under Section 482 of the Code is filed by the respondent for transferring the investigation from State Police authorities to CBI after bringing certain subsequent events that had taken place after the disposal of the original criminal petition if there be any, it would be open for the High Court to entertain such application if it is warranted ..... X X X X Extracts X X X X X X X X Extracts X X X X
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