K.V.RAJENDRAN Vs. SUPERINTENDENT OF POLICE, CBCID SOUTH ZONE, CHENNAI

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 8.12.2011 passed by the High Court of Judicature at Madras in Crl.O.P. No. 9639 of 2011, by way of which the High Court has rejected the prayer of the appellant to transfer the investigation of his case/complaint to Central Bureau of Investigation (hereinafter referred to as the 'CBI').

(2.) The case has a chequered history as the matter has moved from the court of the Magistrate to this Court time and again. Facts and circumstances necessary to adjudicate upon the controversy involved herein are that:

(3.) Ms. Kamini Jaiswal, learned counsel appearing on behalf of the appellant, has submitted that there was no justification for the High Court to reject the application seeking transfer of the investigation from the State investigating agency to CBI as the State investigating agency did not conduct the investigation properly as its investigation has been tainted and biased, favouring the then RDO. The SBCID threatened the witnesses and recorded their version under coercion. Moreover, inordinate delay had been there in concluding the investigation. The High Court could not be justified in making such an observation that even if a shabby investigation had been made, it could not be a ground to change the investigating agency. Further, there was no material to show as observed by the High Court, that the appellant had improved his case stage by stage. Even if the investigation was at the verge of conclusion or already stood concluded, it is permissible in law to change the investigating agency. Thus, the appeal deserves to be allowed.