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Issues: Whether the High Court was justified in directing investigation by the Central Bureau of Investigation in exercise of its inherent jurisdiction under Section 482 of the Code of Criminal Procedure, 1973 on the ground that one of the accused was a police officer and the investigation was allegedly not being conducted properly.
Analysis: The power to direct investigation by the Central Bureau of Investigation is an extraordinary power and is to be exercised sparingly, cautiously and only in exceptional situations. Such a direction is not to be made as a matter of routine merely because allegations are made against the local police. The proper course, where investigation is not progressing satisfactorily, is to use the statutory mechanisms available under Section 154(3) and Section 156(3) of the Code of Criminal Procedure, 1973, including supervision by a superior police or the Magistrate. The facts did not disclose any exceptional circumstance justifying transfer of investigation to the Central Bureau of Investigation.
Conclusion: The direction entrusting the case to the Central Bureau of Investigation was unwarranted and was set aside; the complaint was to be investigated by a police officer senior in rank to the accused police officer.
Ratio Decidendi: A direction for Central Bureau of Investigation investigation can be issued only in exceptional cases where ordinary statutory remedies are inadequate, and it cannot be granted merely because one accused is a police officer or the local investigation is alleged to be unsatisfactory.
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