Probe Can't Be Shifted Just Because Party Concerned Doesn't Agree: Court

The Bombay High Court has said probe into a case cannot be transferred from police to a special agency merely because the investigation is "not appealing" to a party concerned.

An investigating agency cannot be burdened and is required to appreciate the prosecution's case from all angles for achieving the target of a fair and speedy probe, a division bench of Justices N W Sambre and N R Borkar said on November 6.

It dismissed a petition filed by one Bhagyashree Mote, seeking transfer of probe into the death of her 32-year-old sister from police to the Maharashtra Criminal Investigation Department (CID) or the Central Bureau of Investigation (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 court said.

The HC, while refusing to transfer the probe into the death of the petitioner's sister, noted the power to transfer cases is exercised to provide credibility and instil confidence in the investigations or incidents of national and international ramifications.

"It is only in case of reasonable apprehension about the justice becoming a victim because of shabby, partisan and malafide investigation wherein the courts need to be step-in in exercise of extraordinary powers," it said.

"The court is equally required to be sensitive to the principle that transfers are not ordered just because a party seeks to lead the investigator to a given conclusion," the HC added.

Mr Mote in her plea alleged her sister was killed by her in-laws, while police ruled out any foul play in the death and said it was due to heart ailment.

The petitioner's sister - Madhu - died in March this year, a month after her husband passed away due to liver cirrhosis.

Mr Mote alleged her sister was killed as her in-laws did not want to give her a share of their property.

The deceased's in-laws claimed they disowned their son and daughter-in-law long back as he was an alcoholic.

The high court, after perusing the investigation papers, said the police had carried out a detailed investigation and looked into every possibility.

The investigation carried out and medical evidence do not lead to the conclusion that the woman died a homicidal death, the HC said.

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