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VINAY JOSHI, BHARAT P. DESHPANDE
Ankit S/o. Radheshyam Biranwar – Appellant
Versus
State of Maharashtra, through Police Station Officer, Police Station Ram Nagar, Gondia – Respondent
JUDGMENT :
Vinay Joshi, J.
Considering the controversy involved in the matter and by consent of the learned Counsel appearing for the parties, Criminal Writ Petition is taken up for final disposal at the stage of admission by issuing Rule, making the same returnable forthwith.
2. The petitioner is an accused in First Information Report bearing Crime No.399/2019 registered with Ram Nagar Police Station, District Gondia for the offence punishable under Sections 302, 201, 364–A and 120–B of the Indian Penal Code. He has filed this petition under Articles 226 and 227 of the Constitution of India, read with Section 482 of the Code of Criminal Procedure, seeking various reliefs in the nature of issuance of a writ of prohibition, directing trial Court, not to proceed with the concerned criminal case namely Sessions Trial No.71/2020. The petitioner also seeks writ of mandamus thereby directing the respondent police authorities to reinvestigate the offence, and also prayed for his release on bail.
3. Police Sub-inspector - Amol Sonwane lodged a report on 17.12.2019, on the basis of which the aforesaid crime has been registered. The prosecution case in brief is that, a missing report has been fi
The investigation must be unbiased, honest, and just, and fair investigation is a part of the constitutional rights guaranteed under Articles 20 and 21 of the Constitution of India. The power to dire....
Judicial intervention in criminal investigations is warranted to ensure fair process and public trust when local authorities are ineffective or biased.
The court established that the right to a fair investigation is fundamental, and failure by the police to uphold this right necessitates judicial intervention.
The main legal point established in the judgment is the court's authority to order reinvestigation by an independent agency under exceptional circumstances to ensure a fair and just investigation, as....
The magistrate has no power to order further investigation suo motu or on the request of the complainant/informant after cognizance is taken and the accused person appears, nor does the magistrate ha....
Black money transaction - seeking investigation - Orders have been issued by Deputy Inspector General of Police without ascertaining factual details, Petitioner has not made any verification about co....
The judgment emphasizes the importance of fair investigation in ensuring fair trial as enshrined in Article 21 of the Constitution of India. It establishes that unless there is a serious irregularity....
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