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SHAMPA DUTT (PAUL)
Ashok Kumar – Appellant
Versus
Central Bureau of Investigation – Respondent
JUDGMENT :
Shampa Dutt (Paul), J.
1. The present revisional application has been preferred against an Order dated 27.06.2019 passed by the Learned Judge, 3rd Special (C.B.I. Designated) Court, in RC 36/A/10 Bankshall Court, Calcutta in connection with RC 0102010A0036 dated 25.11.2010 thereby granting liberty to the prosecution to conduct further investigation.
2. The petitioner’s case is that he is a member of Indian Revenue Services, (1993 batch) and is presently posted as the Commissioner of Income Tax, Madurai, Tamil Nadu.
3. That RC 0102010A0036 dated 25.11.2010 had been registered for investigation on the basis of a source information alleging that the petitioner while functioning as the Additional Commissioner, Range IX, Income Tax Department, Kolkata during the period 2001 to 2009 has acquired huge assets and other pecuniary resources grossly disproportionate to his known sources of income. A preliminary enquiry was conducted wherein it has been alleged that the petitioner being a public servant by abusing his official position earned huge amount and the same were deposited in bank accounts opened in the name of certain nonexistent/non functional companies/firm registered at Mum
The court held that a preliminary enquiry is not mandatory if the information discloses a cognizable offence, and the exclusion of relevant periods from investigation undermines credibility.
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.
The main legal point established in the judgment is the requirement for a fair investigation, active consideration of materials before framing charges, and the duty to prevent abuse of the court's pr....
The accused do not possess the right to request further investigation under Section 173(8) of the Cr.P.C., as this power is reserved for the investigating agency and the court, ensuring that the inve....
(1) Preliminary Enquiry is not mandatory when information received discloses commission of a cognizable offence – Need for a Preliminary Enquiry will depend on facts and circumstances of each case an....
Point of law: Article 21 of Constitution not only takes within its fold, the enforcement of the rights of the accused but also the rights of the deceased.
The court can direct a CBI investigation when local investigations are compromised, ensuring fairness and justice in legal proceedings.
The magistrate has no power to order further investigation suo motu or on the request of the complainant/informant after cognizance is taken and the accused person appears, nor does the magistrate ha....
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