Investigation cannot be transferred absent material indicating foul play or homicidal death.

The petitioners, both visually impaired persons with 100% disability, were the parents of Harshad, aged 15 years. Harshad went to a friend’s house on 2 September 2018 and did not return.

The petitioners lodged FIR No. I-92/2018 at Kulgaon Police Station on 3 September 2018 for an offence under Section 363 of the Indian Penal Code, 1860.

On 6 September 2018, the police informed them that Harshad had died by drowning, based on the post-mortem report. The petitioners disputed this conclusion because the clothes recovered from the body allegedly did not belong to Harshad and alleged that he had been murdered.

They therefore sought transfer of the investigation to another police station or agency under Article 226 of the Constitution.

During the proceedings, the police placed on record the investigation papers, post-mortem report, Chemical Analyser’s report, witness statements, and the Sub-Divisional Magistrate’s communication accepting the case as an accidental death due to drowning.

Whether the material on record disclosed homicidal death or foul play warranting transfer of the investigation to another police station, agency, or superior authority.

Whether the investigation conducted by the police was sufficiently reliable and warranted interference under Article 226 of the Constitution.

The Court exercised its constitutional jurisdiction under Article 226 to examine whether the investigation required transfer in the interests of justice.

The FIR had initially been registered under Section 363 of the Indian Penal Code, 1860, concerning kidnapping from lawful guardianship.

The Court applied the principle that transfer of an investigation is not warranted merely because the informants entertain suspicion; there must be credible material indicating investigative failure, foul play, or the need for intervention by another agency.

Medical evidence, forensic material, witness statements, spot inspection, and the competent Magistrate’s inquiry were treated as relevant material for determining the probable cause of death.

The Court found that the investigation had included statements of the petitioners and local residents, including persons from the nearby tribal settlement, and indicated that Harshad had gone swimming in a water body adjoining agricultural land that was frequently visited by children.

The post-mortem report recorded no external or internal injuries and opined that the cause of death was drowning.

The Chemical Analyser’s report found no poison.

These materials, together with the spot inspection, witness statements, and the Sub-Divisional Magistrate’s acceptance of the case as an accidental death due to drowning, did not disclose homicidal death or mens rea.

Although the Court considered the parents’ suspicions understandable in the circumstances, it found no evidence of animosity, dispute, or other inherently suspicious circumstance sufficient to justify transferring the investigation.

It therefore found no justifiable reason to transfer the investigation to another police station, agency, or superior authority and dismissed the writ petition.