THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA Writ Petition No.29148 of 2008 ORDER: 1 As a murder took place at Lakshmipuram village on 26.10.2008, the second respondent registered a case in Cr.No.112 of 2008. Though the crime was registered for the offence punishable under Section 302 of IPC etc as the culprits were not known, in the column “Name of the Accused” it is shown as unknown persons. Suspecting that the petitioner is responsible for the said murder, the second respondent started harassing the petitioner and directed him to come to the police station frequently. Unable to bear the said harassment, the petitioner approached the Superintendent of Police and gave a detailed representation on 27.12.2008 requesting him to transfer the said case to CBCID or any other independent investigating agency. However, as no action has been initiated by the Superintendent of Police, the petitioner approached this court and filed the present Writ Petition. 2 Heard both sides. 3 Simply because of the reasons assigned by the counsel for the petitioner no case can be transferred to CBCID. When a particular case is to be entrusted to CBCID, or it is required that the investigation shall be done by CBCID, the petitioner shall come forward establishing that it is a matter to be investigated into only by CBCILD but not by regular police. The reasons assigned by the petitioner in the affidavit, as canvassed by the learned counsel for the petitioner, in my considered view are not those reasons compelling this court to refer the matter to CBCID. Accordingly the contention put forth by the learned counsel for the petitioner is hereby rejected. However, as it is the apprehension of the petitioner that he will not get justice from the second respondent and he had already represented the matter to the Superintendent of Police on 27.12.2008, the Superintendent of Police is hereby directed to consider the said representation and if there is any possibility to transfer the said case from the second respondent to any other police, he may do so. 4 With the above observations the Writ Petition is disposed of. No order as to costs. -------------- 09.12.2009 kvsn