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N. V. RAMANA, KRISHNA MURARI, HIMA KOHLI
Edapaddi Palaniswami – Appellant
Versus
R. S. Bharathi – Respondent
| Table of Content |
|---|
| 1. appeals against high court's order for cbi inquiry (Para 2) |
| 2. court's observations on procedural fairness and remittal (Para 3 , 7 , 8 , 9 , 10) |
| 3. arguments concerning investigation transfer and due process (Para 4 , 5 , 6) |
| 4. final disposal of appeals (Para 11) |
ORDER :
2. The instant appeals, by way of special leave, are directed against order dated 12.10.2018 passed by the Madras High Court whereby the High Court allowed the petition under Section 482 Cr.P.C. filed by respondent No.1 and directed respondent No. 2 to hand over all the case files and material to the Joint Director, Central Bureau of Investigation to conduct a preliminary enquiry against the appellant and coaccused.
4. At the outset, both senior counsel appearing for the parties agree that it was no one’s case before the High Court that the investigation should be transferred to the CBI. In fact, it is clear from the record that the original writ petition filed by respondent no. 1 was to register a case and investigate the complaint dated 13.06.2018 against the appellant. Subsequently, respondent no. 1 sought a new relief by way of a rejoinder filed before the High Court. The relief sought by respo
High Court must provide clear reasoning to justify transferring an investigation to CBI; mere letters are insufficient.
CBI investigation can be ordered even after filing of charge-sheet.
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....
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....
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 ....
Criminal Law - Transfer of investigation - Not rarest of rare case - Investigation to be conducted officer above rank of A.C.P.
The Court has inherent powers under Section 482 Cr.P.C. to transfer the investigation from one agency to another, including to the CBI, if the facts so warrant, but the same should be done in some ra....
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 ....
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