AARTI JAIN Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) This is a petition under Section 482 of Criminal Procedure Code, seeking direction to the respondents No. 2 to 5 to immediately hand-over the investigation and records of FIR bearing No. 139 dated 30.09.2013, under Sections 302 read with Section 34 of Indian Penal Code, registered at Police Station City Malerkotla, District Sangrur, to the Central Bureau of Investigation. On 30.09.2013, the FIR No. 138 was registered at Police Station City Malerkotla and the same reads as under:--

(2.) Vide letter dated 03.01.2014 addressed to the Secretary, Government of India, Ministry of Home Affairs, New Delhi, a request for handing-over the investigation of the case bearing FIR No. 139 dated 30.09.2013, was made to the Central Bureau of Investigation by the Department of Home Affairs and Justice, Government of Punjab. However, the said request after consideration was declined by the Central Ministry on the ground that the same does not have any interstate or trans-national ramifications as laid down in State of West Bengal and others v. Committee for Protection of Democratic Rights, West Bengal and others, 2010 2 RCR(Cri) 141Apparently, the State is hesitant to carry-out effective investigation on account of composition of the population of the town i.e. Malerkotla. Learned counsel for the petitioner informs that there is a complete polarization of the population in the town on the basis of religion. The State is not ready to earn the displeasure of either of the communities.

(3.) The intention of the State is very clear from the letter addressed to the Home Ministry. In the circumstances, this Court feels, even if the matter is handed-over to other branch like-Crime Branch of the State headed by the Director of Bureau of Investigation, the purpose of investigation is not likely to be fully achieved as being a State agency, it may also not put its heart and soul in the matter.