GLIMPSE OF A LATEST VERDICT* *V.Vinoth & 2 Ors. Vs. The State Rep. by its Principal Secretary to Government & 8 Ors.* W.P.No.19672 of 2022 Dated: 31.10.2022 *HONOURABLE MR.JUSTICE V.SIVAGNANAM* dismissed the Writ Petition in the matter relating to *“Police Custody Death – CBCID Investigation Transfer to CBI”,* and further observed and held as follows:

[11/8, 11:24] Sekarreporter 1: *GLIMPSE OF A LATEST VERDICT*

*V.Vinoth & 2 Ors. Vs. The State Rep. by its Principal Secretary to Government & 8 Ors.*
W.P.No.19672 of 2022
Dated: 31.10.2022

*HONOURABLE MR.JUSTICE V.SIVAGNANAM* dismissed the Writ Petition in the matter relating to *“Police Custody Death – CBCID Investigation Transfer to CBI”,* and further observed and held as follows:

i) Fairness of investigation is important, not only for the accused, but even for the victims. The decision whether transfer of investigation should or should not be ordered rests on the Court’s satisfaction, whether the facts and circumstances of a given case demand such an Order. No hard-and-fast rule has been or can possibly be prescribed for universal application to all cases.

ii) In the present matter, since the victim died in police custody and police personnel are accused persons, and as per the order of the Director General of Police, the complaint had been transferred to the CBCID. Statements of eye witnesses had been recorded and other forensic evidences had been collected and the same was pending before the forensic unit, and according to the prosecution, the investigation had almost been completed.

iii) In the current case, after perusal of the status report, it was found that there was no material to show that the CBCID conducted the investigation in a tainted or biased manner. Therefore, special investigation by CBI is not warranted in this case. Thus, the present Writ Petition was dismissed.

iv) _Cases Cited_ :
a. State of West Bengal /vs/ Committee for protection of Democracy Rights *[2010 (3) SCC 571]*
b. Hariram Bhambhi /vs/ Satyanarayanan and another *[2021 SCC Online SC 1010]*
c. Mithilesh Kumar Singh /vs/ State of Rajasthan and others *[2015 (9) SCC 795]*
d. R.S.Sothi, Advocate /vs/ State of U.P. & Others *[1994 Supp (1) SCC 143]*
e. Nirmal Singh Kahlon /vs/ State of Punjab *[2009 (1) SCC 441]*
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