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IN THE HIGH COURT OF JUDICATURE AT PATNA
SANDEEP KUMAR
Tezaswini Kumari, D/o. Gopal Sah – Appellant
Versus
State Of Bihar, Through Its Director General Of Police, Patna, Bihar – Respondent
JUDGMENT :
SANDEEP KUMAR, J.
The present writ petition has been filed by the petitioner seeking re-investigation/de novo investigation in the death of her mother. It is the case of the petitioner that the investigation conducted by the local police in relation to the death of her mother is incomplete and deliberately directed away from the real line of investigation, and therefore, warrants investigation by the Central Bureau of Investigation (CBI) or a Special Investigating Team (SIT). In this backdrop the present writ petition has been filed inter alia for the following prayers: -
“I. For Issuance of a writ in the nature of Mandamus or any other appropriate writ(s) or order(s) or direction(s) to transfer the said FIR bearing No.49 of 2021 dated 05.04.2021, registered under Section 302, IPC lodged with Birpur Police Station, Begusarai to Central Bureau of Investigation (CBI) or alternatively direct for the constitution of a Special Investigation Team (SIT) to investigate in the present matter.
II. For Issuance of a writ in the nature of Mandamus or any other appropriate writ(s) or order(s) or direction(s) directing the respondent authorities to conduct a de novo investigation in the s
Judicial intervention in criminal investigations is warranted to ensure fair process and public trust when local authorities are ineffective or biased.
The judgment emphasizes the constitutional right to a fair and just investigation, the duty of the police to act according to law, and the need for a balanced approach between individual rights and s....
It is trite law that Article 21 embraces both the life and liberty of the accused as well as the interest of the victim, his or her near and dear ones, as well as of the community at large.
Transfer of investigation to CBI requires exceptional circumstances; mere allegations against local police are insufficient for such action.
The necessity for a C.B.I. investigation arises in cases where police personnel are accused, ensuring fairness and public confidence in the judicial process.
Point of law : To encompass two imperatives; firstly, the investigation must be unbiased, honest, just and in accordance with law; and secondly, the entire emphasis has to be to bring out the truth o....
The main legal point established in the judgment is the court's authority to order reinvestigation by an independent agency under exceptional circumstances to ensure a fair and just investigation, as....
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