Back
SUPREME COURT OF INDIA
B.R. GAVAI, K.V. VISWANATHAN, JJ.
State of West Bengal - Appellant
Versus
Jashimuddin Mondal & Ors. - Respondents
Civil Appeal No. 10813 of 2024 (Arising out of SLP(C) No. 9628 of 2024)
Decided On : 24-09-2024
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 Court.
5. No doubt that the High Court, while exercising its powers under Article 226 of the Constitution of India, is empowered to entrust the investigation to the CBI. However, for doing so, it has to come to a reasoning as to why it finds that the investigation by the State Police is not fair or is partisan.
6. Merely on the basis of some letters, such an exercise is not warranted.
7. This Court has consistently held that such an exercise of entrusting an investigation to the CBI by the High Court has to be done in very rare cases.
8. The perusal of the order passed by the learned Single Judge of the High Court would reveal that there is not even a whisper as to why he finds the investigation by the State Police to be unfair or partial so as to find it necessary to direct an enquiry to be conducted by the CBI.
9. For the very same reason, the order passed by the learned Division Bench of the High Court is also not sustainable in law.
10. The appeal is allowed. The impugned judgment and order dated 19.04.2024 passed by the Division Bench of the High Court and order dated 09.04.2024 passed by the learned Single Judge of the High Court are quashed and set aside.
11. The learned Single Judge of the High Court is directed to decide the writ petition in accordance with law.
12. Pending application(s), if any, stand(s) disposed of.
AI
High Court must provide clear reasoning to justify transferring an investigation to CBI; mere letters are insufficient.
Point of law : There is no more res integra that exercise of power under Section 482 CrPC to quash a criminal proceeding is only when an allegation made in the FIR or the charge-sheet constitutes the....
It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge-sheet constitutes the ingredients of....
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.
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....
The Court emphasized the wide powers of a Magistrate under Section 156(3) Cr.P.C. to order registration of an FIR, direct proper investigation, and monitor the same. It also highlighted the need for ....
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
