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B. R. GAVAI, K. V. VISWANATHAN
State of West Bengal – Appellant
Versus
Jashimuddin Mondal – Respondent
Headnote: Read headnote
JUDGMENT :
1. Leave granted.
2. The appeal challenges the judgment and order dated 19.04.2024 passed by the Division Bench of the High Court of Calcutta, thereby dismissing the appeal filed by the present appellant, which, in turn, challenged the order passed by the learned Single Judge of the said High Court dated 09.04.2024.
3. The perusal of the order passed by the learned Single Judge of the High Court would reveal that on receipt of some letters submitted on behalf of the writ petitioner, the learned Single Judge of the High Court has directed that the Special Investigation Team of the Central Bureau of Investigation (CBI) should conduct a preliminary examination and make an analysis of the allegations made in those letters. It was further directed that a report be submitted with regard to the outcome of the said exercise.
4. The Division Bench of the High Court did not find it necessary to interfere with the order impugned before it, since it felt that only a preliminary examination was directed by the learned Singe Judge of the High Cou
High Court must provide clear reasoning to justify transferring an investigation to CBI; mere letters are insufficient.
The main legal point established in the judgment is the need for sparing and cautious use of CBI investigations, especially when the matter can be handled at the state level, and the requirement for ....
Power to review/recall judgment – Criminal Court has no power to recall or review its own judgment – Inherent jurisdiction under Section 528 BNSS [Section 482 Cr.P.C.] cannot be exercised by Court to....
CBI investigation can be ordered even after filing of charge-sheet.
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 ....
The High Court has the authority to direct CBI investigations in exceptional cases to ensure justice and uphold public confidence in the legal system.
The court has the jurisdiction to entertain petitions with a public law element, and inadequate investigation justifies transfer to a central agency.
The main legal point established in the judgment is the need for caution in exercising the power to direct a CBI investigation, emphasizing that it should be sparingly exercised in exceptional situat....
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