AI Structured Summary
Not yet generated for this judgment
Judgment
Prafulla C. Pant, J.—Heard.
By means of this writ petition, moved under Article 226 of the Constitution of India, the Petitioner has sought writ in the nature of mandamus directing the Respondent Nos. 1 to 3 to transfer the investigation of FIR No. 364 of 2010, relating to the offence punishable u/s 364A Indian Penal Code, 1860, Police Station Haldwani to the Central Bureau of Investigation.
The first information report shows that the Petitioner lodged a report at Police Station, Haldwani on 11.08.2010, stating that his son was kidnapped and a ransom was demanded, and he was threatened the child would be killed. Since that report was lodged relating the offence punishable u/s 364 Indian Penal Code, 1860, more than 10 months have passed and there is No. progress in the investigation. It appears that the State Government vide notification dated 18.02.2011 (copy annexed as annexure No. 1 to the writ petition) requested the Central Bureau of Investigation to investigate the aforesaid crime.
Strangely, a counter affidavit has been filed on behalf of Central Bureau of Investigation stating that it is not a fit case for probe by CBI on the following grounds:
(a) The case did not have any interstate/transnational ramification.
(b) The State has specialized organization like CBCID, which is competent to take up the investigation.
(c) The State police had not exhausted its own resources for probing the matter and the investigation is still in progress. Moreover, the State Police has adequate expertise to investigate such case of kidnapping/abduction, which do not have any interstate/international ramification.
The above mentioned grounds, for not accepting the request of the State Government to investigate the crime, in our opinion, are not justified for the reason that there is No. explanation mentioned in the affidavit filed on behalf of Central Bureau of Investigation, as to how the Central Bureau of Investigation came to the conclusion that the impugned kidnapping/abduction case is insignificant one or has No. interstate ramification.
Having considered the submissions of learned Counsel for the parties, and after going through the papers on record, and the request made by the State Government, this writ petition is allowed directing the Central Bureau of Investigation to register the crime and investigate the same, as requested by the State Government.