Supreme Court refused transfer to Special agency after chargesheet is filed

       

          In a case, Zeba Khan vs. State of UP and others, the Supreme Court of India refused to transfer the case to the special agency in relation to multiple forgery cases against the accused person/Respondent who not only procured forged law degree an projected himself as an advocate but also run large sale organised scam and racket in fabricating and circulating forged legal qualifications and academic certificates.

        The appellant asked for the transfer of the investigation to the special agency on the ground that larger racket involving forged degrees and invoking consideration of public interest.

        The top Court refused to grant for transfer reiterating the case of  Disha vs. State of Gujarat and others (2011)13 SCC 337 where it was held that once investigation is complete and the chargesheet is filed, transfer of investigation can only in exceptional circumstances demonstrating a real likelihood of bias, malafide, or abuse of power. Similarly, the Supreme Court in K.V Rajendran vs. Superintendent of police, CBCID South Zone, Chennai and others (2013 12 SCC 480, declined to transfer investigation to the CBI despite allegations of delay and improper investigation. The Court held that mere dissatisfaction with the manner of investigation or bald allegations unsupported by cogent material cannot justify invocation of extra ordinary jurisdiction for transfer of investigation to a central or special agency.

        So, applying the above principles in the instant case, the Court refused to invoke extraordinary jurisdiction to transfer the case to special agency because no specific of substantial material has been placed on record to demonstrate that the investigation conducted by the State Police was vitiated by malafides, bias or extraneous influence attributable to respondent no. 2. There is also no allegation of involvement of any high ranking police officials so as to case doubt on the credibility of the investigation.

Case: Zeba Khan vs. State of UP and Others (2026)

Date of Judgment; 11, February 2026

Coram: Justice Ahsanuddin Amanullah and Justice R. Mahadevan

Judgment