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PRAKASH SHRIVASTAVA, RAJARSHI BHARADWAJ
Badrul Karim – Appellant
Versus
Union of India – Respondent
Headnote: Read headnote
JUDGMENT :
(Prakash Shrivastava, J.) :
1. In this public interest petition, the main prayer of the petitioner is to appoint a sitting Judge of this Court under the Commissions of Inquiry Act, 1952 to inquire into the incident of unnatural death of Bara Lalan Sk.
2. The plea raised by the petitioner is that on 22nd of March, 2022 at village Bogtui on the outskirt of Rampurhat, Birbhum, incident of arson and bomb blast had taken place, therefore, this Court in WPA (P) 130 of 2022 in “The Court on its own Motion, In re: The Brutal Incident of Bogtui Village, Rampurhat, Birbhum” had handed over the investigation to the CBI by order dated 25th of March, 2022. Bara Lalan Sk., prime accused of the Bogtui incident, arrested by the CBI has suffered unnatural death on 12th of December, 2022 at night while he was in CBI custody. Hence, the present PIL has been filed with several prayers.
3. Submission of learned counsel for the petitioner is that the main incident o
The court held a CBI investigation warranted due to significant suspicions surrounding the death of a constable, implicating senior officers in possible misconduct.
Crime investigation – Suspicious death of wife of Judicial Officer – Power to direct CBI to conduct investigation is to be exercised sparingly and such orders should not be passed in routine manner –....
The main legal point established in the judgment is the need for sparing and cautious use of CBI investigations, especially when the matter can be handled at the state level, and the requirement for ....
The court can direct a CBI investigation when local investigations are compromised, ensuring fairness and justice in legal proceedings.
T. Fenn Walter and Others vs. Union of India and Others reported in (2002) 6 SCC 184
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