When the police were accused - No investigation be placed in their hands for investigation against the complainant - transfer the same to other than local police is justifiable = Similarly, in a recent judgment in Rubabbuddin Sheikh Vs. State of Gujarat16 the Supreme Court directed investigation to be entrusted to CBI as the Gujarat State Police personnel were some of the accused in the alleged fake encounter of Sohrabuddin. In Koganti Lakshmi Vs. State Government of Andhra Pradesh17, on a review of case law, this Court directed entrustment of investigation of a criminal case to the CBCID to ensure that fair and impartial investigation is held into the serious complaint of burglary/robbery allegedly committed in a Jewellary shop at Vijayawada. A perusal of the said report shows that respondent No.3 has failed to address himself to the core issue raised by the petitioners, viz., whether there is any reason for the petitioners to apprehend bias on the part of respondent No.4. Instead, respondent No.3 has solely relied upon the reports of the Sub-Divisional Police Officer, Nandyal and respondent No.4. None of these officers have gone into the grievance of the petitioners and tried to redress the same. On a careful consideration of the facts of this case, it cannot be held that the apprehensions expressed by the petitioners are without any basis. I am, therefore, of the opinion that interests of justice would be served if the investigation is entrusted to an agency, other than the local Police, as serious allegations have been made against them. It is, however, made clear that this order shall not be understood as this Court expressing its conclusive opinion either on the professed innocence of the petitioners or on the allegations of the petitioners against respondent No.4 or the other local Police officials. On the premises as above, the Writ Petition is allowed. Respondent No.3 is directed to transfer Crime No.162 of 2008 on the file of respondent No.5-Police Station to C.B.C.I.D. for further investigation.
When the police were accused - No investigation be placed in their hands for investigation against the complainant - transfer the same to other than local police is justifiable = Similarly, in a recent judgment in Rubabbuddin Sheikh Vs. State of Gujarat16 the Supreme Court directed investigation to be entrusted to CBI as the Gujarat State Police personnel were some of the accused in the alleged fake encounter of Sohrabuddin. In Koganti Lakshmi Vs. State Government of Andhra Pradesh17, on a review of case law, this Court directed entrustment of investigation of a criminal case to the CBCID to ensure that fair and impartial investigation is held into the serious complaint of burglary/robbery allegedly committed in a Jewellary shop at Vijayawada. A perusal of the said report shows that respondent No.3 has failed to address himself to the core issue raised by the petitioners, viz., whether there is any reason for the petitioners to apprehend bias on the part of respondent No.4. Instead, respondent No.3 has solely relied upon the reports of the Sub-Divisional Police Officer, Nandyal and respondent No.4. None of these officers have gone into the grievance of the petitioners and tried to redress the same. On a careful consideration of the facts of this case, it cannot be held that the apprehensions expressed by the petitioners are without any basis. I am, therefore, of the opinion that interests of justice would be served if the investigation is entrusted to an agency, other than the local Police, as serious allegations have been made against them. It is, however, made clear that this order shall not be understood as this Court expressing its conclusive opinion either on the professed innocence of the petitioners or on the allegations of the petitioners against respondent No.4 or the other local Police officials. On the premises as above, the Writ Petition is allowed. Respondent No.3 is directed to transfer Crime No.162 of 2008 on the file of respondent No.5-Police Station to C.B.C.I.D. for further investigation.