SUJATHA RAVI KIRAN @ SUJATASAHU versus STATE OF KERALA & ORS.

Citation: [2016] 3 S.C.R. 492 · Decided: 12-05-2016 · Supreme Court of India · Bench: T.S. THAKUR · Disposal: Dismissed
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(2016] 3 S.C.R. 492 
SUJATHA RAVI KIRAN @ SUJATASAHU 
v. 
STATE OF KERALA & ORS. 
[Transfer Petition (Criminal) No. 351 of2013] 
MAY 12,2016 
[T.S. THAKUR, CJI, R. BANUMATHI AND UDAY UMESH 
LALIT, JJ.) 
Code of Criminal Procedure, 1973: s.406 - Tram/er of s.482 
petition -
Complaint filed by petitioner-wife against husband, in-
laws and also against 5 naval officers and wife of one of them 
alleging physical and mental cruelty and wife swapping -
. "Investigation pending with Harbour Police Station. Kochi, Kera/a 
- While rejecting anticipatory bail of husband, High Court of Kera/a 
directed thorough investigation by special team of state police 
officers - Naval officers filed petitions before High Court of Kera/a 
for quashing the proceedings - Petitioner filed instant transfer 
petitions seeking tram/er of said petitions on the ground of threat 
to her life and no means to pursue case at Kera/a and also filed 
writ petition seeking investigation by independent agency - Held: 
Since the investigation is pending in the State of Kera/a, it is desirable 
that the petitions filed uls.482 are heard in the High Court of Kera/a, 
as the High Court of Kera/a will be in a better position to take note 
of further progress in the investigation and also consider the 
evidence recorded - Plea of the petitioner that the accused are 
naval officers and are influential is not sufficient to transfer the 
case - As regards the issue of transfer of investigation to 
independent agency, the extraordinary power of the constitutional 
courts in directing independent agency to conduct investigation in 
a case must be exercised rarely in exceptional circumstances, 
especially, when there is lack of confidence in the investigating 
agency or in the national interest and for doing complete justice in 
the matter - The case in hand did not entail a direction for 
transferring the investigation from the state police/special team of 
State Police Officers to C.B.L - The facts and circumstances in which 
the offence is alleged to have been committed can be better 
investigated into by the state police -
Howeve1~ it is deemed 
appropriate to direct the State of Kera/a to constitute a special team 
492 
SUJATHA RAVI KIRAN @ SUJATASAHU v. STATE OF 
KERALA & ORS. 
of police officers headed by an officer not below the rank of Deputy 
Inspector General of Police to investigate the matter - The Director 
General of Police, Kera/a is directed to constitute a special 
investigation team to take up further investigation in FIR. 
Disposing of the Writ petition and dismissing the Transfer 
petitions, the Court 
HELD: 
1. When the investigation is pending in the State 
of Kerala, it is desirable that the quash petitions filed under 
Section 482, Cr.P.C. are heard in the High Court of Kerala, as 
the High Court will be in a better position to take note of further 
progress in the investigation and also consider the evidence 
recorded. The Supreme Court will transfer a case from one State 
to another State only if there is a reasonable apprehension on the 
part of a party to a case that justice will not be done. The petitioner 
has pleaded that "the atmosphere in Kerala is not conducive for 
the case to progress and reach its judicious end". The petitioner 
has only alleged that the accused are naval officers and are 
influential. Mere apprehension that the accused are influential 
may not be sufficient to transfer the case. As the petitioner has 
expressed difficulties in travelling to Kerala and pursuing the 
matter, the Kerala State Legal Services Authority is requested 
to nominate a senior. counsel to represent the petitioner in the 
matters before the High Court. [Para 6) [496-B-D] 
2. It is well settled that the extraordinary power of the 
constitutional courts in directing C.B.I. to conduct investigation 
in a case must be exercised rarely in exceptional circumstances, 
.especially, when there is lack of confidence in the fovestigating 
agency or in the national interest and for doing complete justice~ 
in the matter. Considering the facts and circumstances of the 
case in hand, in the light of the principles, the case in hand does 
not entail a direction for transferring the investigation from the 
state police/special team of State Police Officers to C.B.I. The 
facts and circumstances in which the offence is alleged to have 
been committed can be better investigated into by the state police.· 
However, having regard to
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