Investigation Cannot be Transferred Based on Personal Preferences : Bombay HC

Investigation Cannot be Transferred Based on Personal Preferences : Bombay HC

The Bombay High Court has said that the investigation of a case cannot be transferred from the police to a particular agency merely because the investigation is not to the liking of one of the parties concerned.

A division bench of Justices NW Sambre and NR Borkar said on November 6 that the burden cannot be imposed on an investigating agency.

The bench said that to achieve the goal of fair and speedy investigation, it is necessary to investigate from all angles.

Further, the bench rejected the plea of ​​Bhagyashree Mote, in which she had requested to transfer the investigation into the death of her 32-year-old sister from the police to CID or CBI.

Mote has alleged in his petition that his sister was murdered by her in-laws, while the police have denied any foul play in the death. The petitioner's sister Madhu died in March this year. A month before this, her husband had died due to illness.

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. 

"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.

Mote alleged that his sister was murdered because his in-laws did not want to give him a share of the property. After considering the investigation documents, the High Court said that the police have conducted a detailed investigation and have considered every possibility.

 

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