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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 :
SANDEEP MEHTA, J.
Criminal Appeal @ SLP(Crl.) No(s). 2797-2798 of 2025
1. Heard.
2. Leave granted.
3. The State of Rajasthan is in appeal before us for assailing the orders dated 24th January, 2025 and 4th February, 2025 passed by the learned Single Judge of the Rajasthan High Court at Jodhpur1[Hereinafter, being referred to as ‘High Court’.] in S.B. Criminal Misc. Application No. 60 of 2025 and S.B. Criminal Misc. (Pet.) No. 287 of 2025. Vide the first order, the High Court recalled its earlier order dated 16th January, 2025 passed in S.B. Criminal Misc. (Pet.) No. 287 of 2025 and restored the said petition to its original number. Vide the second order, the High Court allowed S.B. Criminal Misc. (Pet.) No. 287 of 2025 and directed transfer of investigation in
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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