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VIKRAM NATH, SANDEEP MEHTA
State of Rajasthan – Appellant
Versus
Parmeshwar Ramlal Joshi – Respondent
| Table of Content |
|---|
| 1. details surrounding the respondent-complainant's allegations. (Para 3 , 5 , 6 , 7 , 8 , 10) |
| 2. outline of legal procedures and petitions by the complainant. (Para 11 , 12) |
| 3. arguments concerning the fairness of the investigation. (Para 15 , 19 , 21 , 22) |
| 4. court's review regarding the inherent power and jurisdiction. (Para 25 , 26 , 29) |
| 5. conclusion and dismissal of further appeals. (Para 31 , 32 , 34) |
JUDGMENT :
Criminal Appeal @ SLP(Crl.) No(s). 2797-2798 of 2025
2. Leave granted.
4. Succinctly stated, the facts relevant and essential for disposal of the instant appeals are noted hereinbelow.
6. It was inter alia alleged in the FIR that the respondent-complainant had a business of granite mining, and a lease had been sanctioned in his favour by the Mineral Department in the year 2012 for mining of granite in village Raghunathpur, Tehsil Kareda, District Bhilwara. The complainant had been doing the business of mining of minerals in Raghunathpur in the name and style of M/s. Black Mount Granite Private Limited. He was the promoter and Director of the said company.
8. The owners, Shyam Sundar Goyal and Chandrakant Shukla sold the remaining shares to accused No. 4, Mr. R
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....
Secretary (Home) cannot pass order for further investigation by CBCID.
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.
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 ....
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 : 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....
If a citizen, who is a defacto complainant in a criminal case alleging commission of a cognizable offence affecting violation of his legal or fundamental rights against influential persons, prays bef....
Prayer for CBI investigation – Power to transfer investigation is an extraordinary power – It is to be used very sparingly and in an exceptional circumstance where Court arrives at conclusion that th....
The main legal point established in the judgment is the court's power to direct investigation by the CBI in cases involving serious crimes, high profile officials, and political nature of the crime, ....
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