Court Finds No Evidence of Mala Fide Intent or Suppression by Local Police; Investigation Deemed Fair and Based on Evidence
In a notable judgment, the Madhya Pradesh High Court at Gwalior, presided over by Justice Milind Ramesh Phadke, has dismissed a writ petition seeking the transfer of a criminal investigation to the Central Bureau of Investigation (CBI). The case involved the alleged suicide of Rajneesh Sakhwar, a young man whose mysterious disappearance and subsequent death raised suspicions of foul play.
Ramgopal Sakhwar, the petitioner and father of the deceased, had approached the court under Article 226 of the Constitution of India, citing gross negligence and procedural lapses by the local police in Gwalior. He argued that the investigation into his son's death was neither fair nor impartial, pointing to evidence suggesting a possible homicide disguised as suicide.
The court, however, found that while there were initial lapses by the local police, particularly in correlating the missing person report with the discovery of an unidentified body, these lapses had been addressed through judicial and departmental measures. The post-mortem report and other evidence gathered did not conclusively support a homicide theory, and the police's conclusion of suicide was based on cumulative evidence, including witness statements and forensic data.
Justice Phadke emphasized that the extraordinary jurisdiction under Article 226 should not be routinely exercised to transfer investigations, especially in the absence of concrete evidence of bias or suppression. He noted that the post-mortem report, while inconclusive on the nature of death, did not alone justify a transfer, as it must be considered alongside other circumstantial and forensic evidence.
The court also highlighted the importance of maintaining public confidence in the local police while acknowledging the petitioner's grief and frustration. It concluded that the investigation conducted was adequate and dismissed the petition, urging that statutory remedies under the Code of Criminal Procedure remain available to the petitioner.
This judgment underscores the judiciary's cautious approach in intervening with ongoing investigations by state agencies, reiterating that such interventions should be reserved for cases of proven unfairness or bias.
Bottom Line:
Writ Petition under Article 226 of the Constitution seeking transfer of investigation to the Central Bureau of Investigation (CBI) denied in absence of concrete evidence of mala fides, bias, or suppression of material evidence by the local police.
Statutory provision(s): Article 226 of the Constitution of India, Code of Criminal Procedure
Ramgopal Sakhwar v. State of Madhya Pradesh, (Madhya Pradesh)(Gwalior) : Law Finder Doc Id # 2840608
