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T. S. SIVAGNANAM, HIRANMAY BHATTACHARYYA
State of West Bengal Service Through The Principal Secretary – Appellant
Versus
Dipankar Das – Respondent
JUDGMENT :
T. S. SIVAGNANAM, C.J.
1. This intra-Court appeal by the State is directed against the common order dated 16.01.2023 passed in WPA 6715 of 2018 and CRR 1199 of 2019. The respondents/writ petitioners filed the writ petition praying for transfer of the investigation relating to a case of murder of his parents to the Central Bureau of Investigation (for short, CBI) to ensure free and fair investigation. The other prayer sought for was to release the dead bodies of the parents directing the State to pay a compensation of Rs. 40 lacs. The criminal revision case being CRR 1199 of 2019 was filed by the accused in the case registered against them which was also disposed of by the common impugned order.
2. We have elaborately heard learned counsel for the parties.
3. The question is as to whether the learned Single Judge was right in directing fresh investigation/re-investigation to be done and nominating an Indian Police Service Officer to re-visit the investigation and re-investigate the F.I.R. 87 of 2018 dated 17.05.2018. The said Indian Police Service Officer has been empowered to form a team of Police or other persons or Personnel of her choice and re-verify the alibis of the pe
The court upheld the necessity for re-investigation in a murder case due to procedural lapses, emphasizing judicial oversight in ensuring fair investigations.
Judicial intervention in criminal investigations is warranted to ensure fair process and public trust when local authorities are ineffective or biased.
The main legal point established in the judgment is the court's power to direct investigation by the CBI in cases involving serious crimes, high profile officials, and political nature of the crime, ....
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....
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....
Victim has a fundamental right of fair investigation and fair trial – Mere filing of charge-sheet and framing of charges cannot be an impediment in ordering further investigation/re-investigation/de ....
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 necessity for a C.B.I. investigation arises in cases where police personnel are accused, ensuring fairness and public confidence in the judicial process.
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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