Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
REVATI MOHITE DERE, PRITHVIRAJ K. CHAVAN, JJ.
Mr. Shoaib Richie Sequeira – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT :
Prithviraj K. Chavan, J.
1. The petitioner, who is a public rights activist and founding member of a Non-Governmental Organizations involved in espousing public interests has approached this Court invoking writ jurisdiction under Article 226 of the Constitution of India, inter alia, seeking the following substantive prayers:
“A. That this Hon’ble Court be pleased to issue a Writ of mandamus or any other appropriate writ, order or direction to direct the Respondent No.1 and 2 to jointly and/or severally carry out a preliminary investigation on the basis of the Complaint dated 22nd December 2021 (Exhibit E and F) and the Complaint dated 3 April 2023 (Exhibit J) and submit a report to this Hon’ble Court within a period of 3 weeks from the date of the Order or any such other time as this Hon’ble Court may deem it fit and proper;
B. Ad interim reliefs in terms of prayer clause (A)above;
B-1. That this Hon’ble Court be pleased to transfer the investigation of the Complaints to the Crime Investigation Department, Maharashtra;
B-2. The petitioner submits that in light of the manner in which the investigation in being conducted by Respondent No.2 and Respondent No.4, it is necessary an
The High Court can direct the CBI to investigate cognizable offences without state consent, especially in cases involving significant public interest and international ramifications.
The court established that the transfer of investigation to the CBI is not routine and should only occur in exceptional circumstances to maintain public confidence in the investigation process.
The court can direct a CBI investigation when local investigations are compromised, ensuring fairness and justice in legal proceedings.
The Reserve Bank of India's guidelines do not confer jurisdiction upon the CBI to investigate bank fraud without prior state consent as mandated by the Delhi Special Police Establishment Act.
The court emphasized that investigations into corporate fraud must be fair and impartial, directing the transfer of the case to CBI due to inadequate local police handling.
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 court upheld the legality of ongoing investigations into serious allegations of fraud and corruption, asserting the necessity for investigations when FIRs disclose cognizable offences.
Point of Law : Provisions of section 6 of Delhi Special Police Establishment Act, 1946 - Officers of Delhi Special Police Establishment, a premier investigating agency, are and must be fully alive to....
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....
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
