LexRAVINDRA PAL SINGH versus SANTOSH KUMAR JAISWAL & ORS.
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A B c [2011) 3 S.C.R. 970 RAVINDRA PAL SINGH v. SANTOSH KUMAR JAISWAL & ORS. (TRANSFER PETITION (CRIMINAL) NO. 222 OF 2010) MARCH 17, 2011 [B. SUDERSHAN REDDY AND SURINDER SINGH NIJJAR, JJ.] CODE OF CRIMINAL PROCEDURE, 1973: s. 406 - Tran~fer petition - Complaint against police officials for killing a man in an alleged fake encounter in Dehradun - Investigation entrusted to CBI - Father of deceased seeking transfer of case to Ghaziabad!Lucknow - 0 Held : It is necessary to ensure that there is no possibility of any undue influence being exerted by the respondents on the prosecution - The complainant has made a serious grievance about the manner in which the prosecution has been conducted - Prayer for transfer of the case to Ghaziabad/ Lucknow has been resisted by the respondent expressing E similar apprehension about undue influence being exerted by the petitioner - Case is, therefore, transferred from the Court of Special Judicial Magistrate, CBI, Dehradun to the Court of Special Judge, CBI, Delhi. F The son of the transfer petitioner was stated to have been killed in a fake encounter by the police in Dehradun. The petitioner got registered an FIR against the respondents-police officials, but as there was no progress, the investigation was entrusted to CBI. G However, the police officials were stated to have continued to exert influence on investigation. It was alleged by the petitioner that he was threatened by the local police and he could not even engage an advocate to file an application for cancellation of bail of the H respondents. 970 RAVINDRA PAL SINGH v. SANTOSH KUMAR JAISWAL & ORS. Disposing of the petition, the Court HELD: 971 In the peculiar facts and circumstances of the case, A it is necessary to ensure that there is no possibility of any undue influence being exerted by the respondents on the B prosecution. The complainant has made a serious grievance about the manner in which the prosecution has been conducted. The Court would refrain from recording any firm opinion on the issue, at this stage. However, at the same time it must be ensured that the prosecution C witnesses are able to depose without any fear of repercussions. This can only be ensured by transferring the criminal case out of the area in which no allegations could be made of undue influence against the prosecution. The prayer made by the petitioner was for o transfer of the case to the CBI Court at Ghaziabad/ Lucknow. However, the accused have also expressed similar apprehension about undue influence being exerted by the petitioner, if the case is transferred to the Court at Ghaziabad/Lucknow. Therefore, purely in the E interest of justice it is deemed appropriate to transfer the case to Delhi. Case 1;rime No. 3 of 2010 State through CBI vs. S. K. Jaiswal is transferred from the Court of Special Judicial Magistrate, CBI, Dehradun to the Court of Special Judge, CBI, Delhi, for trial or its assignment to an F appropriate court, as the Special Judge may consider it flt and proper. [para 6-7) [976-B-F] CRIMINAL' ORIGINAL JURISDICTION : Transfer Petition (Criminal) No .. 222 of 2010. Petition Under Section 46 Code of Criminal Procedure. A.T. Raom and A. Subba Rao for the Petitioner. Gopal Subramanium, S.G. P.P. Malhotra, ASG, Sushi! G H 972 SUPREME COURT REPORTS [2011] 3 S.C.R. A Kumar, Brijender Chahar, Rajat Khattry, Vinay Arora, Aditya Kumar, Vivek Kochar, S.S. Rawat, Sanjay Jain, Shweta Verma, Aman Ahluwalia, Subramonium Prasad and Arvind Kumar Sharma for the Respondents. B The Judgment of the Court was delivered by SURINDER SINGH NIJJAR, J. 1. This transfer petition has been filed by the father of Ranbir Singh (hereinafter referred · to as 'the deceased'), who according to the prosecution, was killed by the respondents in a fake encounter. On 2nd of July, C 2009, the deceased who was a MBA student had gone to Dehradun in search of a job and stayed at Digambar Jain Mandir, Dharmasala. On 3rd of July, 2009, he was arrested by the Police of Police Station Dalanwala at around 1312 hrs. According to the prosecution, this can be seen from the record o of Global Positioning System (GPS) log of the vehicle of SHO, Dalanwala. At around 1530 hrs on the same day, the deceased was killed in a cold blooded manner by pumping 29 bullets into him by the police officials. It is the case of the prosecution that Sar.tosh Kumar Jaiswal (A 1) had fired 2 bull
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