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Bhushan Khatri (Properietor)     02 April 2011

Procedure to transfer a Investigation from the local Police

A Criminal Investigation is being carried out by the Police Station of Ulhasnagar against very high Senior Police Officials including the DCP for a Crime committed by them from the same Police Station since last 15 months and the results are that non of the Officials have been arrested though all of them have confessed to the Commissioner of Police of their involvement in the Crime and I have access to their confessions which I obtained through the RTI act from the CP's Office. A FIR has been registered against them with minor bailable Sections like 448, 166, 427 r/w section 34 without arresting them as against the offences committing  by the accused under Sections 341, 388, 389, 392, 398 r/w section 120 of the IPC and these very Official obtained bail by themselves surrendering in the court of JMFC in a filmly style without being opposed by th PP and have later being promoted to the post of ACP & the Suptd of Police and so . I have also filed a Criminal W/P against them in Mumbai High Court No: 3080/2010 which is awaiting adimission by the Hon'ble Court.

I would like to get the investigation transferred to CID since the investigation is done by the same Police station where the Crime has been committed and I don't think  that i will get  Justice. Hence i want to know :

1. How can I get the case transfered to the CID.

Thanks

BHUSHAN KHATRI.

.



Learning

 1 Replies

S.B.adil rahman (Legal Consultant )     07 July 2012

If you are dissatisfied with the investigation you can apply to the Commissioner of Police to transfer the investigation to C.I.D. If not then file a W.P in the High Court seeking transfer of investigation from local police to C.I.D. But mind it you have to show the cogent grounds to the Court for getting the case transferred to the C.I.D. Bias,if any has to be proved by you and the lacunae in investigation or the procedural fault has to be pointd out to the court  by you. Mere conjectures and surmises or your feelings or opinion or whims or doubts are not enough to prove the bias or fault. Moreover, the court can not direct any police agency to investigate a case in a particular manner.

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