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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
| Table of Content |
|---|
| 1. petitioner seeks cbi investigation for ashik's death. (Para 1 , 2 , 3) |
| 2. court hears arguments from both parties. (Para 4) |
| 3. petitioner's counsel claims mistaken identity in shooting. (Para 5 , 6) |
| 4. court outlines legal status and key facts. (Para 8) |
| 5. conditions for cbi investigation outlined by supreme court. (Para 9 , 10 , 11) |
| 6. court concludes petition lacks merit for investigation transfer. (Para 12 , 14) |
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. B
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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