The Calcutta High Court reaffirmed the principle that when local police investigations exhibit material omissions or lack sensitivity, the High Court is empowered to transfer investigation to the C.I.D. or another appropriate agency, in line with settled Supreme Court jurisprudence. This judgment upholds existing precedent and provides a binding authority for similar fact situations where the interest of justice requires such transfer.
Summary
| Category | Data |
|---|---|
| Case Name | CPAN/1166/2023 of X Vs SMT. Aditi Choudhury Lady Sub Inspectress of Kolkata Police Amherst Street Women Police Station |
| CNR | WBCHCA0425002023 |
| Date of Registration | 28-08-2023 |
| Decision Date | 10-09-2025 |
| Disposal Nature | DISPOSED |
| Judgment Author | HON’BLE JUSTICE RAJASEKHAR MANTHA |
| Court | Calcutta High Court |
| Bench | Single Judge (Court No.13) |
| Precedent Value | Binding within the Calcutta High Court’s jurisdiction |
| Overrules / Affirms | Affirms settled decisions of the Supreme Court |
| Type of Law | Criminal Procedure, Police Investigation |
| Questions of Law | Whether and when a High Court can transfer an ongoing criminal investigation from local police to the C.I.D. due to omissions or lack of sensitivity by the investigating officer. |
| Ratio Decidendi |
The High Court held that, given several omissions by the investigating officer—including failure to investigate the accused’s role beyond tower location analysis—and the petitioner’s lack of confidence in local police for medical examination, the interest of justice warranted transfer of the investigation from the Amherst Street Women Police Station to the C.I.D., West Bengal. The judgment emphasizes that objections from the accused need not be considered by the Court when the transfer is necessitated by deficiencies in investigation, in accordance with established Supreme Court precedent. The local police were directed to hand over all relevant papers, and the C.I.D. was tasked to conclude investigation within four months, ensuring sensitivity to the matter. |
| Judgments Relied Upon | Settled decisions of the Supreme Court (specific citations not enumerated) |
| Logic / Jurisprudence / Authorities Relied Upon by the Court | The Court invoked established Supreme Court jurisprudence enabling High Courts to order transfer of investigation when required in the interest of justice due to lapses in the initial investigation. |
| Facts as Summarised by the Court | The final report of the local police indicated significant omissions, with investigation largely limited to tower location data. The petitioner expressed lack of trust in local police for medical procedures. In light of these concerns, the Court determined that a transfer to C.I.D. was warranted. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts within Calcutta High Court’s jurisdiction, and State authorities regarding transfer of investigation. |
| Persuasive For | Other High Courts and investigative agencies facing similar allegations of lapses or insensitivity by local police in ongoing investigations. |
| Follows | Settled decisions of the Supreme Court regarding transfer of investigation (no specific citation provided in the judgment). |
What’s New / What Lawyers Should Note
- Reaffirms that proven omissions or lack of thoroughness in police investigation can justify transfer to a higher or specialized agency such as the C.I.D.
- The Court clarified that objections from the accused need not be addressed by the Court when such transfers are based on established Supreme Court precedent.
- Lawyers should note that direct evidence of investigative lapses and victim’s lack of confidence in police are relevant grounds for seeking transfer of investigation.
- Provides a procedural template: Court may specify time frames for completion and clearly outline expectations for sensitivity in handling.
- The judgment reinforces the use of affidavits and contemporaneous records to corroborate claims of investigative inadequacy.
Summary of Legal Reasoning
- The Court first noted serious deficiencies in the police investigation, notably that, except for tracing the tower location of the accused, other aspects of the accused’s role were not investigated.
- The petitioner’s expressed lack of confidence in the local police for sensitive procedures like a medical examination bolstered the case for transfer.
- The judgment underscored that when such material omissions in investigation are established, the High Court may exercise its jurisdiction to transfer investigation to a competent agency, such as the C.I.D., to serve the interest of justice.
- Objections from the accused against transfer were not considered necessary for adjudication in light of settled Supreme Court authority, though no specific judgments were cited.
- Directions were issued for a prompt and sensitive investigation and for relevant case papers to be handed over to the C.I.D., with a four-month timeline for conclusion.
Arguments by the Parties
Petitioner
- Highlighted several omissions in the local police investigation, limited primarily to technical evidence (tower location).
- Expressed lack of confidence in undergoing medical examination under supervision of the local police.
State and Alleged Contemnors
No specific counter-arguments detailed in the judgment.
Respondent Nos. 11 to 16
No specific arguments detailed in the judgment.
Accused
- Raised objections to transfer (the Court found it unnecessary to go into these).
Factual Background
The case arose from an FIR registered at Amherst Street Women Police Station as FIR No.7 of 2022. The petitioner challenged the quality and scope of the local police’s investigation, noting that it focused almost exclusively on technical aspects like the accused’s tower location and neglected other vital lines of inquiry. The petitioner also expressed apprehension and lack of trust in the local police for conducting medical examination. In response to these concerns, the Court considered whether investigation should be transferred to the C.I.D., West Bengal.
Statutory Analysis
- The judgment applies principles related to criminal investigation under the Code of Criminal Procedure regarding the Court’s authority to direct transfer of an investigation.
- The Court referenced its powers in light of settled Supreme Court jurisprudence (no particular provision or section cited in the text of the order).
Procedural Innovations
- The Court required the Amherst Street Women Police Station to formally hand over all investigation papers to the head of C.I.D., West Bengal.
- The C.I.D. was directed to complete the investigation within four months, with specific guidance on handling the matter with due sensitivity.
- The Court permitted action on downloads of the order from the official website, facilitating prompt compliance.
Alert Indicators
- ✔ Precedent Followed – The judgment expressly affirms the established authority of High Courts, reiterated by the Supreme Court, to transfer criminal investigations in circumstances of credible investigative omissions or lack of sensitivity by local police.