HANSA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The learned counsel for the petitioner contends that an FIR No.171 dtd. 1/7/2021 under Ss. 452, 324, 323, 148 and 149 IPC came to be registered against the private respondent. The accused sought the concession of anticipatory bail which was declined on 9/9/2021 but till date the said accused are not being arrested. He, further submitted that in terms of the mandate of Sec. 173 Cr.P.C. every investigation under the Chapter ought to be completed without unnecessary delay and because of police protection, the investigation was not being conducted properly. He has, thus, contended that an independent agency be directed to investigate the above said case as there is a strong apprehension of a biased and unfair investigation. The reliance is placed upon a number of judgments of the Hon'ble Supreme Court as well as this Court to contend that the Court can transfer investigation where the accused is having an apprehension that the investigation is not being conducted in a fair manner.

(2.) I have heard the learned counsel for the petitioner.

(3.) There is no doubt that the Court has inherent powers under Sec. 482 Cr.P.C. to transfer the investigation from one agency to another, including to the CBI, if the facts so warrant, but the same should be done in some rare and exceptional case, otherwise the CBI would be flooded with a large number of cases making it impossible to properly investigate all of them.