Back
VINAY JOSHI, VRUSHALI V. JOSHI
Shahrukh Ziya Mohammad – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
(PER VINAY JOSHI, J.) :
Heard. Rule. Rule made returnable forthwith and with the consent of the learned Counsel appearing for the parties, the matter is taken up for final disposal.
2. This petition is filed in terms of Article 226 of the Constitution of India seeking a writ of mandamus for transferring the investigation to the State Crime Investigation Department (CID) for fair, proper and impartial investigation in the matter of first information report bearing Crime No.122/2024 registered with Tahsil Police Station, Nagpur, for the offence punishable under Sections 304-A, 279, 337, 338 of the Indian Penal Code and Section 184 of the Motor Vehicles Act.
3. At the outset it can be stated that on the intervening night of 24.02.2024 to 25.02.2024 a lady namely Ritika Malu drove her car in excessive speed under influence of liquor. She gave dash to a two wheeler from behind, which took life of two youngsters. A crime, came to be registered at the instance of kin of one of the deceased. The aspect of arrest of Ritika Malu (accused) is entangled in legal process till date, to which we are coming shortly.
4. Since beginning the first informant and kins of the deceased are blaming
The court established that the right to a fair investigation is fundamental, and failure by the police to uphold this right necessitates judicial intervention.
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....
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 ....
Judicial intervention in criminal investigations is warranted to ensure fair process and public trust when local authorities are ineffective or biased.
Point of law: Magistrate's power Under Section 156(3) of the Code of Criminal Procedure is very wide, for it is this judicial authority that must be satisfied that a proper investigation by the polic....
Criminal Law - Transfer of investigation - Not rarest of rare case - Investigation to be conducted officer above rank of A.C.P.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
