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G. SATAPATHY
Madanmohan Swain – Appellant
Versus
Superintendent of Police, Central Bureau of Investigation – Respondent
Headnote: Read headnote
JUDGMENT
G. Satapathy, J.—The petitioners by way of this Criminal Misc. Petition has invoked the jurisdiction of this Court under Article 227 of the Constitution of India praying to direct OP No.1 to register the written complaint of the petitioners as an FIR or in the alternative to direct other agencies to conduct due and proper investigation under monitoring of this Court or to transfer the investigation of the registered FIR to OP No.1-cum-Central Bureau of Investigation or Economic Offence Wings of Odisha or to any other appropriate independent agency.
2. The short facts involved in this case are on 27.08.2020 the petitioner No.1 who is aged about 64 years had been to the State Bank of India, Industrial Estate Branch, Palasuni for redemption of his SBI Mutual Fund for a sum of Rs.20,00,000/-, but soon after receipt of his application by the Branch Manager, he received a call from Phone No. 7978379071 suggesting him to hold the Mutual Fund by not redeeming the bond till March, 2021. However, on 04.04.2021, the petitioner called in the number and requested for redemption, but on being asked, on 05.04.2021 he met the
Further investigation – Order directing handing over investigation to any other agency other than police should not be passed in favour of party applying for it as a matter of right or in a routine m....
The court established that the right to a fair investigation is fundamental, and when there are serious allegations of police misconduct, it may necessitate the transfer of the investigation to an in....
The court has the jurisdiction to entertain petitions with a public law element, and inadequate investigation justifies transfer to a central agency.
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.
The court can direct a CBI investigation when local investigations are compromised, ensuring fairness and justice in legal proceedings.
The main legal point established in the judgment is the need for caution in exercising the power to direct a CBI investigation, emphasizing that it should be sparingly exercised in exceptional situat....
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 ....
The accused cannot demand a change in the investigating agency without clear evidence of mala fide conduct, emphasizing the need for caution in exercising such powers.
The main legal point established in the judgment is the court's inherent power under Section 482 Cr.P.C to entrust the investigation to an independent agency to secure the ends of justice and rule ou....
(1) Crimes investigation – No party, either accused or complainant/informant, is entitled to choose investigating agency or to insist for investigation of crime by a particular agency – Power to tran....
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