1. This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:

               “…To pass an order or direction more so in the nature of writ of Mandamus declaring the furtive investigation being conducted pursuant to FIR No.124 of 2022 dated 11.10.2022 as illegal, arbitrary and ultravires of the rights of the petitioner as enshrined under Articles 14, 15 and 21 of the Constitution of India and consequently transfer the investigation to a central independent investigative agency such as the Central Bureau of Investigation…..”

2. Heard Mr. S. Nagesh Reddy, learned Counsel for the petitioner and learned Assistant Government Pleader for Home appearing for respondents.

Brief Facts of the Case:

3.1. Briefly stated the relevant facts are that, the petitioner is the father of the deceased, Nikhil, a young law graduate who went missing on 09.10.2022 from Suryapet and was subsequently found dead in a canal on 11.10.2022. It is stated that the deceased was last seen with his family before he left to meet his friends. Thereafter, his mobile phone was found switched off and he remained untraceable. Initially, a missing complaint was registered as FIR No. 369 of 2022. Upon recovery of the dead body bearing visible injuries indicative of foul play, a separate FIR No. 124 of 2022 was registered at Chilkur Police Station.

               3.2. The petitioner has consistently maintained that the death of his son is not a case of suicide but of murder, inter alia, due to the deceased’s relationship with one Apurva, who belongs to an upper- caste family, coupled with prior threats and instances of assault by her relatives. Suspicion is further strengthened by the questionable conduct of the deceased’s friends and the contradictory statements made by them during the course of the inquiry.

               3.3. It is the petitioner’s grievance that, despite the serious nature of the allegations, the police authorities prematurely concluded the case as one of suicide even before obtaining the postmortem report and without conducting a fair and proper investigation. The investigation is alleged to be biased and influenced by powerful persons, as evidenced by the failure to collect crucial CCTV footage, non-analysis of call data and location details, non-supply of the postmortem report to the family, and lack of effective interrogation or arrest of suspected persons.

               3.4. The petitioner further submits that, despite approaching various authorities, including the SC/ST Commission and the Human Rights Commission, no effective action has been taken, thereby necessitating judicial intervention. Accordingly, the present petition has been filed seeking appropriate directions, including transfer of the investigation to the Central Bureau of Investigation (CBI).

Pleadings of the Petitioner:

4.1. Learned counsel for the petitioner contends that the investigation conducted in FIR No. 124 of 2022 is vitiated by illegality, arbitrariness, and violation of fundamental rights guaranteed under Articles 14 and 21 of the Constitution of India. It is submitted that the authorities failed to ensure a fair, impartial, and effective investigation into the suspicious death of the petitioner’s son.

               4.2. It is further contended that the investigating agency acted in a biased and predetermined manner by hastily concluding the case as one of suicide without awaiting scientific and forensic evidence, including the postmortem report, thereby rendering the investigation perfunctory and contrary to settled principles of criminal jurisprudence. The police are alleged to have failed in their statutory duty by not collecting vital evidence such as CCTV footage, call detail records, and other material necessary for uncovering the truth. The investigation is also alleged to have been influenced by politically and socially powerful persons, resulting in mala fide actions aimed at shielding the real culprits.

               4.3. It is specifically pleaded that the deceased belonged to a Scheduled Tribe community and that the authorities failed to examine the angle of a caste-based crime, thereby violating Article 15 of the Constitution of India and ignoring the possibility of an offence motivated by social discrimination. The non-supply of crucial documents, including the postmortem and Forensic Science Laboratory (FSL) reports, is indicative of suppression of material evidence and lack of transparency.

               4.4. The petitioner asserts that the right to a fair investigation is an integral facet of the right to life and dignity under Article 21, which extends even after death, and that the same has been grossly infringed. Despite intervention by statutory bodies, including the National Commission for Scheduled Tribes, no effective action has been taken.

               4.5. It is further submitted that, although the case was initially registered under Section 174 Cr.P.C., it was subsequently altered to Section 302 IPC in view of conflicting medical opinions and emerging circumstances. Accordingly, the petitioner seeks declaration of the investigation as illegal and unconstitutional, transfer of the investigation to an independent agency such as the CBI, and directions for a fair, impartial, and time-bound investigation.

               4.6. Reliance is placed on judicial precedents, including Md. Anis v. Union of India, (1994) Suppl (1) SCC 145, and R.S. Sodhi v. State of U.P., 1994 Suppl(1) SCC 143, to contend that where there exists reasonable apprehension of bias or lack of credibility in the investigation, the Court is empowered to transfer the investigation to an independent agency.

Pleadings of the Respondents:

5.1. Respondent No. 6, the Deputy Superintendent of Police, CID, submits that the investigation has been conducted strictly in accordance with law and due procedure, and that no bias or illegality can be attributed to the investigating agency.

               5.2. It is stated that the case originated from a missing complaint dated 10.10.2022 (Crime No. 369 of 2022), and upon discovery of the dead body on 11.10.2022, a case under Section 174 Cr.P.C. (Crime No. 124 of 2022) was registered, followed by prompt investigation.

               5.3. The respondents submit that substantial investigative steps have been undertaken, including examination of witnesses, analysis of call detail records and tower location data, and verification of CCTV footage. The case has also been transferred to the CID by order of the Director General of Police.

               5.4. With respect to the cause of death, reliance is placed on medical and forensic evidence, including the postmortem report and expert opinions. It is stated that no poison or alcohol was detected and that the presence of diatoms indicates that the deceased was in water prior to death. While initial observations noted injuries suggestive of strangulation, a second expert opinion concluded that death was due to drowning and that the injuries were postmortem in nature.

               5.5. The respondents further contend that all angles, including the possibility of an offence under Section 302 IPC, are being examined. The private forensic opinion relied upon by the petitioner is disputed as lacking evidentiary value. It is asserted that the investigation is fair, impartial, and free from external influence.

Analysis and Conclusion:

6. I have carefully considered the submissions and perused the material on record.

7. Observations from the FIR and the panchanama indicate that, on 11.10.2022, information was received through social media regarding an unidentified dead body found floating in the NSP canal within the jurisdiction of Chilkur Police Station. The complainant and his relatives subsequently identified the body as that of the deceased, Nikhil. It is consistently recorded in FIR No. 124 of 2022 and the accompanying complaint that the body bore multiple visible injuries on the face, chest, and limbs, particularly on the neck, thereby giving rise to a strong suspicion of foul play.

8. The complainant has specifically alleged that the deceased was in a relationship and has expressed suspicion against the woman’s family members and certain named individuals as being involved in the death. The inquest/panchanama conducted on the same day at the Government Hospital, Kodad, records that the body was found in water with multiple injuries on the left hand, ribs, thigh, and facial regions, along with a significant injury on the neck accompanied by swelling of blood vessels. It was further noted that the portion extending from the neck to the chest appeared damaged. Upon inspection, it was opined that the death was suspicious, with a possibility of being homicidal in nature, involving neck abrasions, strangulation, and subsequent disposal of the body in water. This clearly indicated that the exact cause of death required a thorough forensic examination by the Forensic Science Laboratory (FSL).

9. Upon considering the above material it is evident that the material placed on record unequivocally disclosed that the death of the deceased-Nikhil occurred on circumstances that are inherently suspicious and prima facie indicative of homicidal violations. The First Information Reports, inquest/panchanama proceedings and contemporaneous records affectively revealed existence of multiple injuries particularly concentrated around neck region.

10. The opinion of panchayatdars which suggest the possibility of strangulation followed by disposal of the body further strengthens interference of foul play in such a factual matrix, it was incumbent upon the investigating agency to conduct the investigation with utmost diligence, scientific objectivity and procedural fairness. However, the record reveals that investigation initially proceeded on a preconceived hypothesis of suicide even prior to the respective definitive forensic findings. Such an approach is antithetical to the settled principles governing criminal investigation and undermines the constitutional guarantee of fair and impartial process.

11. The record further discloses delayed and inconsistent medical opinions, failure to promptly secure and preserve the crucial electronic evidence and call detail records and an apparent lack of transparency in furnishing postmortem report to the family of the deceased. These deficiencies assume significance in the light of conflicting forensic opinions on record. While one medical opinion suggests drowning asserted with strangulation another negates the presence of ante- mortem injuries and attributes the findings to postmortem changes. Such irreconcilable investigation is vulnerable to serious doubt thereby necessitate an independent thorough scientifically robust enquiry.

12. This Court cannot overlook the specific allegations of a case based motive underlying the incident, the deceased belongs to a Scheduled Tribe Community and was involved in a relationship opposed by the family of the girl. The failure of the investigating agency to adequately prove this crucial aspect raises constitutional concerns, which guarantees equality before law. Prohibit discrimination and protect the right to life and personal liberty. Such an omission also attracts statutory implications under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 particularly Section 3(2)(v) which mandates enhanced penal consequences where offences are committed on the ground of the victims caste or tribe. Non- consideration of this dimension reflects serious delineation of duty and undermines the legislative intent behind the enactment.

13. Now it is well settled that right to fair and impartial and effective investigation is an integral facet of Article 21 of the Constitution of India. The Hon’ble Supreme Court in R.S. Sodhi v. State of U.P., 1994 Suppl(1) SCC 143 authoritatively held that even in the absence of malafides if the circumstances give rise to reasonable apprehension in the mind of the victim or public regarding fairness of the investigation. The Court is empowered to direct transfer the investigation to an independent agency so as to instill public confidence in the administration of justice. Similarly Md. Anis v. Union of India, (1994 Suppl (1) SCC 145, it was observed that where the investigating agency itself is under a cloud of suspicion. The credibility of the entire investigation process stands vitiated, thereby justifying transfer to an independent body such as C.B.I.

14. Therefore, upon anxious consideration of the pleadings, the material on record, the forensic opinions, and the rival submissions advanced by learned counsel for the parties, this Court is of the considered opinion that the present case is marked by grave inconsistencies, patent investigative lapses, and circumstances giving rise to a reasonable apprehension of bias, as pleaded by the petitioner.

15. When these factors are cumulatively assessed, they warrant the exercise of extraordinary jurisdiction under Article 226 of the Constitution of India to secure the ends of justice. It is a cardinal principle of criminal jurisprudence that justice must not only be done but must also manifestly appear to have been done. Where the fairness and integrity of an investigation are in question and reasonably doubted, constitutional courts are not only empowered but are duty- bound to intervene and ensure that the truth is unearthed through a process that is independent, transparent, and credible.

16. Applying these principles to the facts of the instant case, this Court finds that (a) existence of prima facie material indicating that the death is suspicious and may involve homicidal elements; (b) the investigation has been marked by inconsistencies unexplained delay and conflicting expert opinions; (c) there exists a reasonable apprehension of bias and possible external influence particularly in view of allegations involving socially and politically influential individuals; (d) the case involves serious offences punishable under Section 302 IPC Murder, Criminal Intimidation under Section 120-B IPC and Destruction of Evidence under Section 201 IPC as well as offences under S.C. and S.T. (PoA) Act; (e) the confidence of the victim family in the fairness of the investigation stands substantially eroded which is determinable to the legitimacy of the criminal justice system.

17. Although it is noted that the investigation has subsequently been transferred to CID and the offences altered to one under Section 302 IPC, this Court is of the view that a mere intra departmental transfer within the State machinery does not sufficiently dispel the apprehensions of bias particularly when the initial investigation itself is under serious challenge.

18. In view of the foregoing analysis, and considering the exceptional circumstances of the case to ensure complete justice, this Court, in exercise of its powers under Article 226 of the Constitution of India, issues the following directions:

               A. The investigation in Crime No.124 of 2022 is hereby transferred to Central Bureau of Investigation (C.B.I.) for the purpose of conducting a fresh independent and comprehensive investigation;

               B. The CBI shall register a regular case based on the materials received and conduct the investigation de-novo uninfluenced by any clear findings or conclusions.

               C. The C.B.I. shall examine all relevant aspects including possibility of homicidal under Section 302 of IPC Murder, Criminal Intimidation under Section 120-B IPC and Destruction of Evidence under Section 201 IPC;

               D. Further, the existence of caste based motive under Section S.C. and S.T.(PoA) Act, last seen theory, call data records, digital evidence and CCTV footage shall be examined afresh;

               E. Further re-evaluation of medical and forensic evidence including obtaining fresh expert opinion where necessary;

               F. The State Police authorities and C.I.D. shall forthwith transfer the entire case record including forensic reports, electronic data and material objects to the CBI.

               G. The CBI shall complete the investigation in a time bound manner, preferably within six months from the date of initiation of the investigation;

               H. The CBI shall ensure that the family of deceased is kept duly inform of all significant developments and furnish copies of relevant reports in accordance with law.

               I. The Union of India/Central Government shall extend all necessary administrative logistical and exceptional support to facilitate the effective conduct of investigation.

19. Accordingly, the writ petition stands allowed. Pending miscellaneous applications, if any, shall stand closed.