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TMI Blog2016 (5) TMI 1594X X X X Extracts X X X X X X X X Extracts X X X X ..... 2. The petitioner got married to Lt. Ravi Kiran Kabdula on 09.03.2012 as per Hindu rites and customs. Petitioner's husband Lt. Ravi Kiran Kabdula is a naval officer who was then posted at Kochi, Kerala. After marriage, the petitioner was residing with her husband at Kochi. As brought on record, the relationship between the petitioner and her husband was not very cordial. On 22.02.2013, the petitioner gave an oral complaint that her husband was withholding her identity card, laptop, mobile phone, original marriage certificate etc. The respondent was called to the police station and directed to handover the belongings to the petitioner. On 04.04.2013, the petitioner lodged a complaint against her husband, her parents-in-law and sister-i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... M.C. No.2424 of 2013 before the High Court of Kerala, which the petitioner now seeks to transfer. The petitioner claims transfer of the said two petitions contending that she has no means or a male member in her family to support her to pursue the case at Kerala. The petitioner also alleges that she faces threat to her life on account of the private respondents. When these transfer petitions came up for hearing, by an order dated 16.09.2013, this Court granted interim stay of further proceedings in the said quash petitions. 5. We have heard the counsel appearing for the parties at considerable length and perused the impugned order and material on record. 6. As noticed earlier, investigation in FIR No. 260 of 2013 registered at Harbour Po ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oner has prayed for issuance of writ, directing investigation of FIR No. 260 of 2013, to be entrusted to an independent investigating agency or Central Bureau of Investigation (CBI) to ensure fair and impartial investigation. The petitioner has alleged lackadaisical approach by the state police to defeat petitioner's case. In the writ petition on 20.09.2013, this Court passed an interim order staying of the investigation in connection with FIR No. 260 of 2013 and also proceedings before the Board of Enquiry, INS Vendurthy, Naval Base, Kochi. 8. The State of Kerala has filed counter affidavit denying petitioner's allegation of inaction and lackadaisical approach by the state police. In the counter affidavit filed by the State, it is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2010) 3 SCC 571 held as under: "69. In the final analysis, our answer to the question referred is that a direction by the High Court, in exercise of its jurisdiction under Article 226 of the Constitution, to CBI to investigate a cognizable offence alleged to have been committed within the territory of a State without the consent of that State will neither impinge upon the federal structure of the Constitution nor violate the doctrine of separation of power and shall be valid in law. Being the protectors of civil liberties of the citizens, this Court and the High Courts have not only the power and jurisdiction but also an obligation to protect the fundamental rights, guaranteed by Part III in general and under Article 21 of the Constitutio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 002) 5 SCC 521, this Court had said that an order directing an enquiry by CBI should be passed only when the High Court, after considering the material on record, comes to a conclusion that such material does disclose a prima facie case calling for an investigation by CBI or any other similar agency. We respectfully concur with these observations." 10. Taking into account the law laid down by this Court in Committee for Protection of Democratic Rights (supra), direction for investigation by C.B.I. was declined by this Court in the case of K. Saravanan Karuppasamy & Anr. v. State of Tamil Nadu & Ors. (2014) 10 SCC 406 and Sudipta Lenka v. State of Odisha & Ors. 2014 (11) SCC 527. 11. Considering the facts and circumstances of the case in h ..... X X X X Extracts X X X X X X X X Extracts X X X X
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