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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
Jiten Das S/o Lt. Jatindra Mohan Das – Appellant
Versus
State Of Assam And Ors. Rep. By The P.P., Assam – Respondent
JUDGMENT & ORDER :
ARUN DEV CHOUDHURY, J.
1. Heard Ms. S Nazneen, learned counsel for the petitioner. Also heard Mr. P Borthakur, learned Addl. PP, Assam appearing for the respondents.
2. The present writ petition is filed with a prayer/direction for handing over Jalukbari PS Case No.1510/2018 dated 04.11.2018 and Jalukbari PS Case No.1768/2018 dated 26.12.2018 to the Central Bureau of Investigation (CBI), Govt. of India..
3. The brief facts of the present case is that the son of the petitioner was an employee under the respondent No.9, namely, Dr. Rabin Saikia at Insight Diagnostic Centre at Rajgarh Road, Bhangagarh, Guwahati. On 04.11.2018 at about 4.45 AM, the said respondent No.9 informed the petitioner that the son of the petitioner is missing since the night of 03.11.2018, whereas, the son of the petitioner was sent with the respondent No.10 (Nipu Ali) from Hotel Landmark B. Baruah, Road, Guwahati to drop respondent No.10 at Kamakhya Gate at 12 AM by taking respondent No.9’s Wagon R car bearing registration No.AS 01 AJ 8824.
4. It was also informed by the respondent No.9 that the son of the petitioner returned after dropping the respondent No.10 at Kamakhya Gate. However, it was i
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The court established that the extraordinary power under Article 226 for investigation must be exercised cautiously and only in exceptional circumstances to ensure judicial integrity.
The court emphasized that seeking a fair investigation is a fundamental right, necessitating the transfer of cases to an independent agency when bias or influence is suspected.
Conduct and bona-fides of the Petitioner are not to be construed as an indictment of the State of Maharashtra in general but they are in context as a party in this litigation and as an adjudication o....
The main legal point established in the judgment is the court's inherent power under Section 482 Cr.P.C to entrust the investigation to an independent agency to secure the ends of justice and rule ou....
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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....
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 power to direct investigation by the CBI in cases involving serious crimes, high profile officials, and political nature of the crime, ....
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