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B. V. NAGARATHNA, PANKAJ MITHAL
Kabir Shankar Bose – Appellant
Versus
State Of West Bengal – Respondent
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JUDGMENT :
PANKAJ MITHAL, J.
1. We have heard Shri Mahesh Jethmalani, learned Senior Counsel for the petitioner, Shri Tushar Mehta, learned Solicitor General of India for the CBI, Shri Vikramjeet Banerjee, learned Additional Solicitor General of India, for the CISF, Ms. Astha Sharma, learned Standing Counsel for the State of West Bengal and Shri Zoheb Hossain, learned counsel for respondent No. 7.
2. The petitioner who is an advocate by profession as also being in politics contends that he has a fundamental right to have a fair investigation in connection with FIR No.400 of 2020 dated 07.12.2020 lodged against him with Police Station Serampore, West Bengal under Sections 341, 323, 325, 326, 307, 354, 504, 506, 34 of Indian Penal Code1[In short ‘IPC’] and FIR No. 401 of 2020 dated 07.12.2020 again with Police Station Serampore, West Bengal under Section 341, 325, 354A, 34 IPC. He therefore, has invoked the jurisdiction of this Court under Article 32 of the Constitution of India seeking a writ in the nature of mandamus commanding the respondent authorities to transfer the investigation in pursuance of the above FIRs to any independent agency other than the local police, namely, the Cent
(1) Crimes investigation – No party, either accused or complainant/informant, is entitled to choose investigating agency or to insist for investigation of crime by a particular agency – Power to tran....
The court emphasized that seeking a fair investigation is a fundamental right, necessitating the transfer of cases to an independent agency when bias or influence is suspected.
Investigation can be transferred only in rare and exceptional cases where necessary to do justice between the parties and instill confidence in public or where investigation by State police lacks cre....
Point of law : Criminal Law – Transfer of investigation - Transfer of investigation to CBI is not a matter of routine, in extraordinary circumstances by using powers of this Court sparingly in except....
Criminal Law - Transfer of investigation - Not rarest of rare case - Investigation to be conducted officer above rank of A.C.P.
Point of Law : Provisions of section 6 of Delhi Special Police Establishment Act, 1946 - Officers of Delhi Special Police Establishment, a premier investigating agency, are and must be fully alive to....
Victim has a fundamental right of fair investigation and fair trial – Mere filing of charge-sheet and framing of charges cannot be an impediment in ordering further investigation/re-investigation/de ....
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