IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Writ Petition No.396 of 2011 (M/B) Govind Prasad Mangal ……Petitioner Versus Union of India and others .…Respondents Present : Sri Piyush Garg, learned counsel present for the petitioner. Sri Prabhakar Joshi, Brief holder present for the State. Sri Vinod Sharma, learned counsel present for the respondent No.1. Sri Arvind Vashisth, learned counsel present for the CBI. Dated 19 th July, 2011 Hon’ble Prafulla C. Pant, J. Hon’ble Servesh Kumar Gupta, J. [Oral : Hon’ble Prafulla C. Pant,J. ] Sri Piyush Garg, learned counsel present for the petitioner present for the petitioner. Sri Prabhakar Joshi, Brief holder present for the State. Sri Vinod Sharma, learned counsel present for the respondent No.1. Sri Arvind Vashisth, learned counsel present for the CBI. Heard. By means of this writ petition, moved under article 226 of the Constitution of India, the petitioner has sought writ in the nature of mandamus directing the respondent Nos. 1 to 3 to transfer the investigation of FIR No.364 of 2010, relating to 2 the offence punishable under section 364-A IPC, Police Station Haldwani to the Central Bureau of Investigation. The first information report shows that the petitioner lodged a report at Police Station, Haldwani on 11.08.2010, stating that his son was kidnapped and a ransom was demanded, and he was threatened the child would be killed. Since that report was lodged relating the offence punishable under section 364 IPC, more than 10 months have passed and there is no progress in the investigation. It appears that the State Government vide notification dated 18.02.2011 (copy annexed as annexure No.1 to the writ petition) requested the Central Bureau of Investigation to investigate the aforesaid crime. Strangely, a counter affidavit has been filed on behalf of Central Bureau of Investigation stating that it is not a fit case for probe by CBI on the following grounds :- (a) The case did not have any interstate/transnational ramification. (b) The State has specialized organization like CBCID, which is competent to take up the investigation. (c) The State police had not exhausted its own resources for probing the matter and the investigation is still in progress. Moreover, the State Police has adequate expertise to investigate such case of kidnapping/abduction, which do not have any interstate/international ramification. The above mentioned grounds, for not accepting the request of the State Government to investigate the crime, in our opinion, are not justified for the reason that there is no explanation mentioned in the affidavit filed on behalf of Central Bureau of Investigation, as to how the Central Bureau of Investigation came to the conclusion that the impugned 3 kidnapping/ abduction case is insignificant one or has no interstate ramification. Having considered the submissions of learned counsel for the parties, and after going through the papers on record, and the request made by the State Government, this writ petition is allowed directing the Central Bureau of Investigation to register the crime and investigate the same, as requested by the State Government. (Servesh Kumar Gupta, J.) (Prafulla C. Pant, J.) JKJ 19.07.2011