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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
E.S.INDIRESH
Lakshmi W/o Shri Selvaraju – Appellant
Versus
State by Mahalakshmi Layout Police Station – Respondent
ORDER :
1. In this writ petition, the petitioner has sought for a direction to the respondent No.1 in Crime Nos.272/2016 and 299/2016 and the respondent No.2 in Crime No.293/2016 to place the entire material pertaining to the death of late Ashik S/o the petitioner before the respondent No.6-Central Bureau of Investigation (CBI); inter alia sought for direction to the respondent No.6-CBI to conduct free, fair and impartial investigation pertaining to the encounter death of late Ashik S/o the petitioner and submit the report to the jurisdictional Court.
2. The facts in nutshell for the purpose of adjudication of this writ petition are that the petitioner is the mother of deceased Ashik. It is stated in the writ petition that, based on the statement of one Sri. Bharamappa, Police Inspector of Mahalakshmi Layout Police Station, Bengaluru, the complaint is lodged and F.I.R. registered in Crime No.293 of 2016 before the Jnanabharathi Police Station, Bengaluru City against three accused persons, alleging that, on 07th October, 2016 upon the credible information, the complainant-Police Inspector along with his sub-ordinate officers went to arrest the accused persons in Crime Nos.272/2016 and
Transfer of investigation to CBI requires exceptional circumstances; mere allegations against local police are insufficient for such action.
Criminal Law - Transfer of investigation - Not rarest of rare case - Investigation to be conducted officer above rank of A.C.P.
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....
Judicial intervention in criminal investigations is warranted to ensure fair process and public trust when local authorities are ineffective or biased.
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....
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.
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