Writ Petition No. 623 of 2017 (PIL). Case: Kanhaiya Tiwari Vs State of Madhya Pradesh and Ors.. High Court of Madhya Pradesh (India)

Case NumberWrit Petition No. 623 of 2017 (PIL)
CounselFor Appellant: Sourabh Sharma, Learned Counsel and For Respondents: Ravish Agrawal, Learned Advocate General and Swapnil Ganguli, G.A.
JudgesRajendra Menon, Actg. C.J. and H.P. Singh, J.
IssueCode of Criminal Procedure, 1973 (CrPC) - Section 438; Constitution of India - Articles 21, 226, 32; Indian Penal Code 1860, (IPC) - Sections 294, 420, 506
Judgement DateJanuary 19, 2017
CourtHigh Court of Madhya Pradesh (India)


  1. Petitioners who claim to be public spirited persons have filed this writ petition pro bono and the relief claimed by the petitioners in Para-11 reads as under:-

    "i. That, this Hon'ble Court may kindly be pleased to direct CBI Investigating Agency to look into the matter regarding issues of 500 crore rupees "Havala Racket" in accordance with law and further be pleased to direct to CBI will file the status report in every two months at before this Hon'ble Court.;

    ii. That, this Hon'ble High Court may be pleased to restrained the respondent No. 1 for executing the transfer order dated 09/01/17 in relation to respondent No. 4 unless the permission by this Court and also may be directed respondent No. 3 to make enquiry/investigation'

    iii. Any other relief flowing from the facts and circumstances of the case may please be awarded alongwith the costs of the proceedings to meet the larger interest of justice."

  2. As far as Para No. 11(i) is concerned, it pertains to handing over an investigation to the Central Bureau of Investigation and the grievance of the petitioners is that the Crime is not being investigated properly by the Police Authorities and to stall the investigation respondent No. 4 has been transferred.

  3. Heard learned counsel for the petitioner and the learned Advocate General, present on advance notice, at length.

  4. For the purpose of transferring the investigation of criminal case from the police authorities to any specialized agencies like the Central Bureau of Investigation, the principles to be followed have been laid down in detail by the Hon'ble Supreme Court in the cases of State of West Bengal & Others v. Committee for Protection of Democratic Rights, West Bengal & Others, 2010 (3) SCC 571, Dharampal v. State of Haryana & Others, 2016 (4) SCC 160, Sujatha Ravi @ Sujatasahu v. State of Kerala & others, 2016 (7) SCC 597 and Pooja Pal v. Union of India & Others, 2016 (3) SCC 135. The principle laid down in the aforesaid cases contemplating the ingredients and grounds necessary for investigation and enquiry of a matter by the Central Bureau of Investigation should be made out on a bare reading of the material available on record. It has been held by the Supreme Court that merely on the asking of a person a case cannot be transferred to the Central Bureau of Investigation. In the judgment rendered by the Supreme Court recently in the case of Puja Pal (supra) from para 50 onwards the law has been crystallized by the Supreme Court and it has been held that while exercising extra ordinary jurisdiction a Constitutional Court under Article 32 & 226 of the Constitution of India in the matter of issuing of direction to the Central Bureau of Investigation to conduct investigation must exercise jurisdiction with caution as has been underlined in the case of Committee for Protection of Democratic Rights, West Bengal (supra). Even though, no inflexible guideline has been laid in this regard. It has been held by the Supreme Court that the powers should be exercised in exceptional situation, where it is necessary to provide credibility and install confidence into the investigation or where there are national or international reunification and for the purpose of doing complete justice, transfer of the case is necessary. The Supreme Court has cautioned that exercising its jurisdiction under Article 226 of the Constitution of India, the High Court should...

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