Transfer of investigation to the CBI is exceptional and was refused where no special circumstances justified it.

Transfer of investigation from State police to the CBI is an extraordinary power to be used sparingly and only in rare, exceptional cases where a fair, honest and complete investigation, complete justice, or public confidence requires it. Where the investigation has substantially progressed and a final report has been filed, the ordinary course is for the Magistrate to consider the report and any protest petition, and, if necessary, order further investigation. On the facts, the allegations were old, the case had been investigated over many years by different officers, no new material emerged after earlier liberty granted by the Court, and no special feature justified shifting the matter to the CBI.

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Issues: Whether the investigation of the complaint should be transferred from the State police to the CBI in the facts of the case.

Analysis: Transfer of investigation to an independent agency is an extraordinary power to be exercised sparingly, cautiously, and only in rare and exceptional cases where it is necessary to secure a fair, honest, and complete investigation, to do complete justice, or to instil confidence in the public mind. Where the investigation has substantially progressed and the final report has already been filed, the ordinary course is for the competent Magistrate to consider the report, the protest petition, and, if warranted, direct further investigation. In the present case, the allegations were old, the investigation had been carried out over many years by different officers, no sufficient subsequent event was shown after the earlier liberty granted by the Court, and the material did not disclose special features justifying a shift to the CBI.

Conclusion: The request to transfer the investigation to the CBI was not warranted and was rejected.

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