TaxTMI 
TaxTMI 
2023 (3) TMI 117
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....l arising out of the SLP Criminal No.7306 of 2022, the order dated 15.09.2021 passed in Criminal Revision No.468 of 2021 is assailed. Both the said orders are passed by the High Court of Chhattisgarh, Bilaspur. 3. The said order dated 10.01.2022 is passed in Writ Petition filed under Article 226 wherein the appellant had prayed to direct for investigation under the supervision of the Court, by the Central Bureau of Investigation (for short, 'CBI') relating to (i) FIR No. 232/2020 registered at Azad Chowk Police Station, Raipur, (ii) FIR No.255/2020 registered at Kotwali Police Station, Raipur, (iii) Online complaint No. 3334104012000003 dated 27.10.2020 made before the Superintendent of Police, Raipur and (iv) Online complaint No. 24488049072000014 dated 06.11.2020 made before the Talcher Police Station, Angul, Odisha. The appellant had also prayed to quash the charge sheet in Special Case No.87/2020 and Special Case No.98/2020 filed by the respondent Azad Chowk Police, Raipur and Kotwali Police, Raipur filed pursuant to the said FIRs No.232/2020 and 255/2020, pending before the learned Special Judge under NDPS Act, Raipur. The further direction which was prayed is for the CBI t....
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....llant No.1 in room No.220. The appellant No.1 was thereafter abducted and taken into the car and was driven to Raipur. 7. The appellant No.1 claims that while taking dinner at dhaba between Sambalpur and Sonipat he overheard the name of the four persons who had taken him to be, Pramod Behra, Sultan, Santosh and Ali, from their discussion. He also contends that the mobile phone was with the appellant No.1 and he made calls from his cell No. 8249518758. It is averred that after reaching Raipur at about 12:30 AM on 21.10.2020 the said four persons took the appellant No.1 to respondent No.5 where he was detained for some time and his cell phone as also laptop were taken. It is claimed that the appellant No.1 was thereafter kept in the lockup throughout the night without disclosing the reasons for such action and on 21.10.2020 about 19:15 hours, police Subinspector Shri Priyesh Mathew John lodged FIR against him, bearing No.232/2020 for an alleged offence under Section 22(b) of the NDPS Act. Thereafter his name was also included in the earlier registered FIR No.255/2020 which is noted above. 8. In that background, the grievance put forth on behalf of the appellants is that the app....
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....ous states has been 'framed' and a case has been foisted, whereby the personal liberty has been taken away, which warrants a detailed investigation. It is contended that the situation which unfolded in Hotel Green Park on 20.10.2020 at about 1 PM would indicate that the said four persons acting on behalf of the Chhattisgarh Police had taken him away from the hotel. Subsequent thereto his name has been included in FIR No.255/2020 as well, though it was an earlier registered case. 13. The learned senior counsel for respondent No.1State would contend that the allegations are unjustified. Pursuant to the registration of the FIR, an investigation has been conducted and the charge sheet has been filed. The contentions urged by the appellants are available to be put forth in defence, in the proceedings before the trial court where the charges have been framed and the trial is proceeding. Insofar as the allegation that he was abducted and taken away from the hotel, it is denied and contended that even though the police had gone to Odisha in connection with the earlier F.I.R., they were unable to trace the appellant No.1 there, but he was subsequently found to be indulging in the illegal....
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....davits were placed before us and have been taken note of, by us, we do not propose to refer to each of the statements made therein to analyse the manner in which the learned senior counsel for the appellant has sought to highlight, which according to him contradicts the stand of State of Chhattisgarh. We have adopted this course since the consideration herein is the limited scope of this petition and it should not affect the rights of the parties in the pending criminal proceedings. Such a serious dispute on facts, in any event, is to be resolved based on evidence and not based on affidavits. 16. However, the limited aspect which we propose to note is that the affidavit filed by the respondent No.6State of Odisha is essentially to explain the manner of consideration made by them in relation to FIR No.0027 dated 22.01.2021 lodged at Talcher Police Station, Angul District, Odisha which is pursuant to the complaint on behalf of the appellants. The said affidavit also refers to the investigation made relating to the online complaint. In the course of the said affidavit, reference has been made to the process of investigation during which they had visited the Green Park Hotel and rec....
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....nduct investigation in a case is concerned, although no inflexible guidelines can be laid down to decide whether or not such power should be exercised but time and again it has been reiterated that such an order is not to be passed as a matter of routine or merely because a party has levelled some allegations against the local police. This extraordinary power must be exercised sparingly, cautiously and in exceptional situations where it becomes necessary to provide credibility and instil confidence in investigations or where the incident may have national and international ramifications or where such an order may be necessary for doing complete justice and enforcing the fundamental rights. Otherwise CBI would be flooded with a large number of cases and with limited resources, may find it difficult to properly investigate even serious cases and in the process lose its credibility and purpose with unsatisfactory investigations." Also Mithilesh Kumar Singh vs. State of Rajasthan & Ors. (2015) 9 SCC 795 wherein it is held hereunder: " 12. Even so the availability of power and its exercise are two distinct matters. This Court does not direct transfer of investigation just fo....
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....supervision of an officer of the rank of an Inspector General of Police and the State Government had appointed a onemember Commission of Inquiry headed by a sitting Judge of the High Court to enquire into the matter. This Court held that however faithfully the police may carry out the investigation the same will lack credibility since the allegations against the police force involved in the encounter resulting in the killing of several persons were very serious. The transfer to CBI, observed this Court, "would give reassurance to all those concerned including the relatives of the deceased that an independent agency was looking into the matter". 14. Reference may also be made to the decision of this Court in State of Punjab v. CBI wherein this Court upheld the order transferring investigation from the State Police to CBI in connection with a sex scandal even when the High Court had commended the investigation conducted by the DIG and his team of officers. In Subrata Chattoraj v. Union of India, this Court directed transfer of the Chit Fund Scam in the States of West Bengal and Orissa from the State Police to CBI keeping in view the involvement of several influential persons....
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.... the investigation must not derail the legitimate course of law and warrant the invocation of the extraordinary power of this Court to transfer an investigation to CBI. Courts assume the extraordinary jurisdiction to transfer an investigation in exceptional situations to ensure that the sanctity of the administration of criminal justice is preserved. While no inflexible guidelines are laid down, the notion that such a transfer is an "extraordinary power" to be used "sparingly" and "in exceptional circumstances" comports with the idea that routine transfers would belie not just public confidence in the normal course of law but also render meaningless the extraordinary situations that warrant the exercise of the power to transfer the investigation. Having balanced and considered the material on record as well as the averments of and submissions urged by the petitioner, we find that no case of the nature which falls within the ambit of the tests enunciated in the precedents of this Court has been established for the transfer of the investigation." 19. Hence it is clear that though there is no inflexible guideline or a straightjacket formula laid down, the power to transfer the inve....