Back
SUPREME COURT OF INDIA
Dinesh Maheshwari, Hrishikesh Roy, JJ.
Central Bureau of Investigation – Petitioner
Versus
Deshraj Singh & Ors. – Respondents
Petition(s) for Special Leave to Appeal (Crl.) No.9275 of 2019
Decided On : 12-01-2023
| Table of Content |
|---|
| 1. hearing and review of materials (Para 1) |
| 2. court's reluctance to interfere with investigative transfer (Para 2) |
| 3. decision on petition and expectations for cbi (Para 3 , 4 , 5) |
ORDER :
UPON hearing the counsel the Court made the following order:
1. We have heard learned counsel for the parties and have perused the material placed on record.
2. Though we do not find detailed and cogent reasons in the order impugned, for which the High Court felt persuaded to transfer the investigation to the Central Bureau of Investigation (‘CBI') and though we do not disagree with the submissions of the learned ASG appearing for the petitioner-CBI, ably assisted by Ms.Ashima Gupta, learned counsel that such transfer of investigation should not be a matter of course and such an order should only be passed with great circumspection but, in the peculiar circumstances of the present case, we feel disinclined to interfere with the order impugned.
3. The petition, seeking special leave to appeal is, therefore, dismissed.
4. Having regard to the circumstances of the case and the time that has elapsed, we would expect the CBI to assign a reasonable priority to this matter and to complete the investigation at the earliest.
5. The entire record shall be transmitted by the respondent Nos. 2 to 4 to the petitioner-CBI within a week from today.
AI
CBI investigation can be ordered even after filing of charge-sheet.
When an investigation is transferred to a specialized agency after local authorities have filed a report, both reports must be considered by the trial court. To ensure comprehensive adjudication, the....
High Court must provide clear reasoning to justify transferring an investigation to CBI; mere letters are insufficient.
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 ....
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....
Secretary (Home) cannot pass order for further investigation by CBCID.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
