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ANIL KUMAR SINHA
Priyanka Rani @ Neha Gupta – Appellant
Versus
State of Bihar Through The Principal Secretary – Respondent
Anil Kumar Sinha, J. – The petitioner has filed the present writ application for the following reliefs: –
(i) For direction to the Respondent No. 2 to appoint an independent agency i.e. C.B.I. in view of law laid down by Hon’ble Supreme Court in the case of 1995 Cri.L.J.3612 for the purpose of registration of prosecution against the Respondents No. 6 to 11 for the offences punishable under Section 188, 191, 193, 203, 204, 211, 219 of I.P.C. read with Sections 120B and 34 of the I.P.C. and to proceed against them in accordance with law.
(ii) For direction to the Respondent No. 2 for initiating enquiry against the Respondent No. 6 to 8 in the matter of violation of provisions of law, and to take action against them.
(iii) For direction to the Respondent No. 1 to file and initiate contempt proceedings against the respondents police officers for disobeying the law laid down by the Hon’ble Supreme Court of India and this Hon’ble Court from time to time in the matter.
(iv) For direction to the Respondent No. 2 to immediate suspend the Respondents No. 6 to 8 for not performing their duties in the manner required;
(v) Pass appropriate directions to the Home Ministry/Respondent No. 1 to frame r
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 accused has no right to dictate the investigating agency or method of investigation, and the plea of alibi must be substantiated with cogent evidence.
The court reaffirmed that even in family disputes, ongoing allegations of abuse, intimidation, and theft warrant legal scrutiny and cannot be dismissed due to prior complaints, emphasizing the need f....
The court affirmed that a pending police investigation does not bar subsequent complaints on similar allegations, under the provisions of the Code of Criminal Procedure.
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