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VIKRAM NATH, SANDEEP MEHTA
Hansura Bai – Appellant
Versus
State of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. custodial death details and abuse by police (Para 4 , 5 , 6 , 7) |
| 2. post-mortem outcome and fir registration (Para 8 , 9 , 10 , 11) |
| 3. writ petition for investigation transfer (Para 12 , 13 , 14) |
| 4. arguments for cbi investigation and bail (Para 16 , 17 , 18) |
| 5. need for independent investigation (Para 25 , 28 , 29 , 30) |
| 6. order for cbi investigation transfer (Para 31 , 32) |
| 7. bail considerations and witness protection (Para 33 , 34 , 36) |
| 8. court's directive for cbi investigation and witness protection. (Para 35) |
| 9. conclusion and disposal of appeal (Para 37 , 38) |
JUDGMENT
Mehta, J.
1. Heard.
2. Leave granted.
3. The appellants herein have approached this Court, through this appeal by special leave, assailing the judgment dated 20th December, 2024, passed by the High Court of Madhya Pradesh at Gwalior [Hereinafter, being referred to as the ‘High Court’] in Writ Petition No. 33416 of 2024, whereby the learned Single Judge turned down the prayer made by the appellants for transferring the investigation into the custodial death of Deva Pardhi to some other investigating agency; and to direct the release of sole eye-witness to the custodial torture, namely, Gangaram Pardhi on b
The court emphasized the need for independent investigation by CBI in custodial death cases involving police officers to ensure credibility, public trust, and witness protection.
The necessity for a C.B.I. investigation arises in cases where police personnel are accused, ensuring fairness and public confidence in the judicial process.
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.
Judicial intervention in criminal investigations is warranted to ensure fair process and public trust when local authorities are ineffective or biased.
High Court may transfer investigation to CBI only when convincing evidence shows local police's inability to conduct a fair inquiry; dissatisfaction alone is insufficient.
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.
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