A probe in a case cannot be transferred from the police to a special agency merely because the investigation is “not appealing” to the kin of the deceased, said the Bombay High Court while refusing to transfer the probe in the death of a 32-year-old woman to either the CID or CBI.
“Merely because the investigation of the investigator is not appealing to the party that by itself cannot lead to faulting the investigation by the investigating officer as such the investigation is contrary to their version,” the bench said a division bench of Justices Nitin Sambre and NR Borkar.
Investigating agency cannot be burdened, court says
The court also said that an investigating agency cannot be burdened and is required to appreciate a case of the prosecution from all the angles for achieving the target of a fair and speedy probe.
The HC, on November 6, dismissed a plea by one Bhagyashree Mote seeking transfer of probe into her sister Madhu’s, death from the local police to the state CID or the CBI.
Judges make sharp observations
Besides, the power to transfer cases are exercised to provide credibility and instill confidence in the investigations or incidents of national and international ramifications, the judges said.
“It is only in case of reasonable apprehension about the justice becoming a victim because of shabby, partisan and malafide investigation wherein the Courts needs to be stepped in exercise of extraordinary powers,” the court underlined.
Mote alleges sister was killed by her in-laws
Mote’s plea alleged that her sister was killed by her in-laws while the police had ruled out any foul play in the death and had said it was due to heart ailment.
Madhu had died in March this year, a month after her husband passed away due to liver cirrhosis. Mote claimed that her sister was killed as the in-laws did not want to give her a share of their property. The in-laws claimed that they had disowned their son and daughter-in-law long back as he was an alcoholic.
Noting that the police conducted a thorough probe, the HC said that investigation carried out and medical evidence does not lead to the conclusion that the woman died a homicidal death.
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