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DHIRAJ SINGH THAKUR, VALMIKI SA MENEZES
Gouri Abhay Bhide – Appellant
Versus
Union of India – Respondent
JUDGMENT/ORDER
Dhiraj Singh Thakur, J. - The present petition has been fled seeking a writ of mandamus inter alia to the Central Bureau of Investigation (CBI) and the Enforcement Directorate for taking cognizance of the complaint fled by the Petitioners with the Mumbai Police and for purposes of taking investigation in their hands. The complaint is stated to have been sent by the Petitioners through email to the Commissioner of Police Mumbai, as also the DCP, Economic Offences Wing (EOW) on 11th July, 2022 against Respondent Nos. 5, 6 and 7. Respondent Nos. 5 and 6 are stated to have been the offce bearers of the political party 'Shivsena'. Respondent No. 5 is also stated to have been the Chief Minister of the State of Maharashtra for a period of 30/31 months, whereas Respondent No. 6 is stated to have been a minister in his cabinet. It is alleged that the complaint fled with the Mumbai Police although forwarded on the same date to the EOW, had not resulted in any investigation into the allegations levelled against the said Respondents.
2. Insofar as the allegations are concerned, the Petitioners state that the said Respondents have committed serious economic offences and offences of
The High Court can direct the CBI to investigate cognizable offences without state consent, especially in cases involving significant public interest and international ramifications.
Court mandated an independent investigation by the CBI into allegations of financial irregularities involving public officials to maintain credibility and protect public interest.
The court emphasized the importance of thorough examination of allegations before transferring an investigation to CBI and highlighted the petitioner's failure to register an FIR or seek remedy under....
The court can direct a CBI investigation when local investigations are compromised, ensuring fairness and justice in legal proceedings.
Point of Law : Sub-section (1) of Section (3) of Act makes it clear that appropriate Government is under a statutory obligation to appoint a Commission of Inquiry in a case where a resolution on that....
The main legal point established in the judgment is that for similar transactions, a second FIR is unwarranted, and the court has the authority to direct the transfer of cases to the CBI for re-inves....
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