Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973: s.406 - Tram/er of s.482 petition |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Transfer Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Code of Criminal Procedure, 1973: s.406 - Tram/er of s.482 petition - Complaint filed by petitioner-wife against husband, inlaws and also against 5 naval officers and wife of one of them alleging physical and mental cruelty and wife swapping - . "Investigation pending with Harbour Police Station. Kochi, Kera/a - While rejecting anticipatory bail of husband, High Court of Kera/a directed thorough investigation by special team of state police officers - Naval officers filed petitions before High Court of Kera/a for quashing the proceedings - Petitioner filed instant transfer petitions seeking tram/er of said petitions on the ground of threat to her life and no means to pursue case at Kera/a and also filed writ petition seeking investigation by independent agency - Held: Since the investigation is pending in the State of Kera/a, it is desirable that the petitions filed uls.482 are heard in the High Court of Kera/a, as the High Court of Kera/a will be in a better position to take note of further progress in the investigation and also consider the evidence recorded - Plea of the petitioner that the accused are naval officers and are influential is not sufficient to transfer the case - As regards the issue of transfer of investigation to independent agency, the extraordinary power of the constitutional courts in directing independent agency to conduct investigation in a case must be exercised rarely in exceptional circumstances, especially, when there is lack of confidence in the investigating agency or in the national interest and for doing complete justice in the matter - The case in hand did not entail a direction for transferring the investigation from the state police/special team of State Police Officers to C.B.L - The facts and circumstances in which the offence is alleged to have been committed can be better investigated into by the state police - However, it is deemed appropriate to direct the State of Kera/a to constitute a special team of police officers headed by an officer not below the rank of Deputy Inspector General of Police to investigate the matter - The Director General of Police, Kera/a is directed to constitute a special investigation team to take up further investigation in FIR. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2016 INSC 416 |
Petitioner | Sujatha Ravi Kiran @ Sujatasahu |
Respondent | State Of Kerala & Ors. |
SCR | [2016] 3 S.C.R. 492 |
Judgement Date | 2016-05-12 |
Case Number | 351 |
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