Code of Criminal Procedure, 1973 – s.482 – The appellant was made an accused in an FIR No.215/2022 registered u/ss.120B, 177, 406, 420, 467, 468, 471, 506 of IPC – The complainant then filed a petition u/s.482 of the CrPC and sought transfer of investigation from the civil police of the State of Haryana to the CBI – The said petition was allowed by the High Court – Sustainability:
Held: Vague and bald allegations were made in the s.482 CrPC petition such as that the appellant was seen masquerading as an IB officer, and he was seen in the company of policemen of Haryana, etc. – The main ground taken by the complainant before the High Court was that the police officials are acquainted with the appellant and those officers may also be involved in the present case – These claims of the complainant are not substantiated – It is settled that CBI investigation should not be directed in a routine manner or just because some allegations have been made against the local police – Courts should direct for CBI investigation only in exceptional cases – In the instant case, the complainant has raised some allegations that high ranking police officials of Haryana Police are in connivance with the appellant, but such bald allegations are not sufficient to handover the case to CBI, without any kind of substantiation – After going through the records of the case, this Court is of the view that the present case is not the one where CBI investigation ought to have been directed by the High Court – Hence, the order of the Single Judge of the High Court cannot be sustained and is hereby set aside. [Paras 5, 7, 8, 9, 10]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Ankit Gyan. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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