Case Facts:
Patna High Court CR. WJC No.912 of 2012 (2) dt.18-12-2012 1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.912 of 2012 ====================================================== Dr. J.V. Kulkarni son of late V.R. Kulkarni Regional Director, D.A.V. Public School Patna Zone, Bihar, Arya Samaj Mandir Complex, New Bailey Road, P.S.-Danapur, Patna. .... .... Petitioner/s Versus 1. The State Of Bihar Through The Chief Secretary Govt. of Bihar. 2. The Director, Central Bureau of India, Union of India, New Delhi. 3. The Director General of Police, Bihar, Patna. 4. The Director, Prosecution, Govt. of Bihar, Patna 5. The Senior Superintendent of Police, Patna 6. The Officer in Charge, Khagaul, Patna 7. Upendra Kumar son of Sri Krishna Mahto resident Of Mohalla Gola Road Near St. Karin’s School, P.S. Rupaspur, Distt.-Patna. 8. Arvind Kumar son of Sri Ram Krishna Bhagat, resident Of Mohalla-Saguna, P.S.-Danapur, Distt.-Patna 9. Ajay Kumar Singh @ Madan Singh, son of late Sharwan Dhari Singh, resident of vill.-Mustafapur, P.S. Khagaul, Distt. Patna. 10. Gauri Shankar son of Mohan Prasad resident of GobhTal P.S. Danapur, Distt. Patna. 11. Badri Lal (deed writer) resident of Chandmari Mainpura P.S. Danapur, Distt. Patna. 12. Satendra Kumar son of Jagat Narayan Bhagat resident Of Lekha Nagar, Khagaul, P.S. Danapur, Distt Patna 13. Suraj Pandey son of Dawarka Pandey resident of Mitthapur, P.S. Jakkanpur, Distt Patna. 14. Gopal Prasad son of Nand Kishore Prasad son of Saguna More, P.S. Danapur Distt Patna 15. Dhanjay Kumar son of not known resident of vill. Raghurampur, P.S. Sahpur, Distt. Patna 16. Rajesh Kumar son of Hazari Lal resident of vill. Mustafapur, P.S. Danapur, Distt. Patna 17. Yadu Nandan Prasad, son of Shivnandan Prasad Resident of vill. Nain Chak, Mustafapur, P.S. Khagaul Distt. Patna. 18. Satendra Kumar son of Rajendra Prasad resident of Vill lKothawa, P.S. Khagaul Distt. Patna 19. Manoj Kumar Chandra Dev Prasad resident of vill. Nain Chak, P.S. Khagaul, Distt. Patna 20. Rajesh Kumar son of Nagendra Rai resident of vill. Mohalla Saguna, P.S. Danapur, Distt. Patna. 21. Dr. A.C. Jain son of Dr. J.C. Jain, D.A.V. Public School Barauni, P.S. Begusarai Sadar, Distt. Begusarai 22. Dr. Raj Kumar Chauhan son of Shwan Singh, R/O 274/7 Ward No. 7, Plot No.2 Navneet Nagar, P.S. Navneet Patna High Court CR. WJC No.912 of 2012 (2) dt.18-12-2012 2 Nagar, Ambala City, Punjab. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 18-12-2012 Heard the parties. The petitioner is informant of Shastrinagar P.S. Case No.155 of 2011 which has been instituted under [STATUTE] . In the present writ petition a prayer has been made to direct the respondent no.2 , i.e., Central Bureau of Investigation, to investigate the aforesaid case. The further prayer is that this Court should conduct monitoring of the case after the C.B.I. takes over the investigation of the case. It appears from the F.I.R. that the case relates to fraud played upon the D.A.V. management in purchase of land by some accused persons. The allegations made in the F.I.R. are not inter State or international ramifications. There is nothing on the record on the basis of which it can be said that the investigation agency, which is conducting the investigation, is not conducting the investigation of the case in fair and impartial manner. It is well settled that under normal circumstances the authorities prescribed Patna High Court CR. WJC No.912 of 2012 (2) dt.18-12-2012 3 in law should investigate the case. It is true that this Court in exercise of its power under Article 226 of the Constitution of India can hand over investigation of a case to the C.B.I. However, such power is to be exercised in exceptional and rare circumstances. I do not find anything exceptional or rare in the present case in which the investigation of the case should be handed over to the C.B.I. A constitution Bench of the Hon’ble Supreme Court in State of West Bengal and others Vrs. Committee for Protection of Democratic Rights, West Bengal and others since reported in 2010(3) SCC 571 had considered at length the power of the High Court to direct investigation by the C.B.I. into a cognizable offence alleged to have been committed within the territorial jurisdiction of a State and while taking the view that the High Court has a wide power under Article 226 of the Constitution cautioned that the court must bear in mind certain self-imposed limitations. Para-70 of the Constitution Bench in State of West Bengal and others (supra) is extracted hereinbelow. “ Before parting with the case, we deem it necessary to emphasise that despite wide powers conferred by Articles 32 and 226 of the Constitution, while passing any order, the Courts must bear in mind certain self-imposed limitations on the exercise of these constitutional powers. The very plentitude of the power under the said articles requires great caution in its Patna High Court CR. WJC No.912 of 2012 (2) dt.18-12-2012 4 exercise. Insofar as the question of issuing a direction to CBI to conduct investigation in a case is concerned, although no inflexible guidelines can be laid down to decide whether or not such power should be exercised but time and again it has been reiterated that such an order is not be passed as a matter of routine or merely because a party has levelled some allegations against the local police. This extraordinary power must be exercised sparingly, cautiously and in exceptional situations where it becomes necessary to provide credibility and instill confidence in investigations or where the incident may have national and international ramifications or where such an order may be necessary for doing complete just

Applicable IPC Section: 423

Statute Text:
Section 423 of the Indian Penal Code. Fraudulent execution of deed of transfer containing a false statement of consideration. Whoever dishonestly or fraudulently signs, executes or becomes a party to any deed or instrument which purports to transfer or subject to any charge any property, or any interest therein, and which contains any false statement relating to the consideration for such transfer or charge, or relating to the person or persons for whose use or benefit it is really intended to operate, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.