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MRIDUL KUMAR KALITA
Kabita Deka – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
Mridul Kumar Kalita, J.
1. Heard Mr. P. N. Choudhury, learned counsel for the petitioner. Also heard Mr. K. Baishya, learned Public Prosecutor, Assam representing the State.
2. This Criminal Petition has been registered on filing of an application under Section 482 of the Code of Criminal Procedure, 1973 read with Article 227 of the Constitution of India by the petitioner, namely, Smt. Kabita Deka, praying for setting aside/cancelling/expunging her name from the Charge Sheet No. 3/2021 dated 06.07.2021, wherein the petitioner has been shown as an accused person not charge sheeted. In alternative, the petitioner has also prayed for dropping her name from the ongoing criminal proceeding. During the course of the hearing, learned counsel for the petitioner has also submitted that the relief sought for by the petitioner in her criminal petition may be moulded to the stoppage of the further investigation as regards the petitioner in connection with the aforesaid case.
3. The petitioner is an Officer of Assam Civil Service and it is claimed by her that she has an unblemished service record of 29 years in the said service.
4. The facts relevant for consideration of the instant crimi
Further investigation post-charge sheet requires court permission and must be based on new evidence; otherwise, it constitutes an abuse of process.
The court emphasized the importance of fair and just investigation, clarified the power of further investigation under Section 173(8) of the Code of Criminal Procedure, and highlighted the non-compou....
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....
The court can direct a CBI investigation when local investigations are compromised, ensuring fairness and justice in legal proceedings.
The court emphasized that FIR registration must not happen without jurisdiction, deeming the original complaint as an abuse of process due to lack of standing and the excessive time elapsed.
Special Judge can direct further investigation post-cognizance at charge framing to remedy defective probe, prioritizing fair investigation over trial delay to ensure only guilty face trial under Art....
(1) Interim order of stay of investigation during pendency of quashing petition can be passed with circumspection.(2) When investigation by police is in progress, court should not go into merits of a....
The court clarified that the CBI had jurisdiction to investigate the case without specific consent under Section 6 of the DSPE Act and that the lack of specific consent did not result in a miscarriag....
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