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PRAKASH SHRIVASTAVA, RAJARSHI BHARADWAJ
Susmita Saha Dutta – Appellant
Versus
Union Of India – Respondent
ORDER
1. Learned ASG has also filed the 7th status report on post poll violence cases which is taken on record.
2. Learned ASG appearing for the CBI has drawn the attention of this Court to the order dated 19th May, 2022 and has submitted that the investigation in the murder case of Mathabhanga P.S. FIR 180 of 2021 and FIR 181 of 2021 is required to be handed over to the CBI in pursuance to the direction of this Court dated 20th April, 2022. He has submitted that on the previous date learned Advocate General had sought time to examine this issue and to do the needful, but till now these cases have not been transferred for investigation to the CBI and the papers have not been handed over.
3. Pressing the CAN 6 of 2022 he has submitted that the main murder case is being investigated by the CBI but there is a cross case registered being FIR 190 of 2021 dated 4th July, 2021 in P.S. Nodakhali, district South 24 Parganas. Therefore, though this cross case is not covered by the Full Bench judgment of this Court but is required to be investigated by the CBI otherwise it will result into multiplicity of findings and inconsistent findings which will complicate the matter.
4. Similarly, pressing
Proper examination and responses from concerned parties are essential in matters related to transfer of investigation and progress of cases.
The main legal point established in the judgment is the court's consideration of the investigation reports filed by the CBI and SIT, and the grant of opportunity to the petitioners to file exceptions....
The Committee constituted by the court can take assistance for ministerial work but cannot delegate the essential inquiry work to others.
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....
Failure of Investigating Agency to conduct a thorough and proper investigation, leading to the transfer of the investigation to the CBI.
When an investigation is transferred to a specialized agency after local authorities have filed a report, both reports must be considered by the trial court. To ensure comprehensive adjudication, the....
The power to transfer a case to the C.B.I. should be exercised rarely in exceptional circumstances, and there must be a lack of confidence in the investigating agency or a national interest at stake.
Point of law : Criminal Law – Transfer of investigation - Transfer of investigation to CBI is not a matter of routine, in extraordinary circumstances by using powers of this Court sparingly in except....
Criminal Law - Transfer of investigation - Not rarest of rare case - Investigation to be conducted officer above rank of A.C.P.
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