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IN THE HIGH COURT OF KERALA AT ERNAKULAM
G.GIRISH, J
Jyolsna, W/o. Binu Jayapalan – Appellant
Versus
Soni P. Bhaskar – Respondent
| Table of Content |
|---|
| 1. background of the cheating case. (Para 1 , 3) |
| 2. petitioner's claims against police investigation. (Para 2 , 4) |
| 3. court's observations on investigation failures. (Para 5 , 6) |
| 4. procedural requirements for cbi investigation. (Para 7) |
| 5. order for cbi investigation. (Para 8) |
ORDER :
G. GIRISH, J.
Crime No.651/2014 registered by the Pathanamthitta Police in respect of the commission of offence under Section 420 read with Section 34 of the Indian Penal Code, 1860, (in short, ‘IPC') upon a complaint preferred by the petitioner herein, is the bed-rock of the issues involved in this Writ Petition and Crl.Revision Petition.
2. The parties are referred hereafter in their respective capacities and ranks as shown in WP(C) No.30780/2018, for the sake of convenience.
3. A conspectus of the case of the petitioner is as follows:-
The petitioner, a middle aged lady, complained about the cheating perpetrated upon her by the respondents 1 and 2, who in their capacities as the Manager and Legal Advisor respectively, of a partnership firm by name, ESSEN Bankers, collected a total amount of Rs.27.5 lakhs from her with the offer that she would be provided with dealership in the automobile bus
CBI investigation warranted when local police fail to conduct fair investigations, especially in cases of serious misconduct and manipulation of evidence.
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.
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....
Criminal Law - Transfer of investigation - Not rarest of rare case - Investigation to be conducted officer above rank of A.C.P.
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....
Point of Law : Provisions of section 6 of Delhi Special Police Establishment Act, 1946 - Officers of Delhi Special Police Establishment, a premier investigating agency, are and must be fully alive to....
The court emphasized the importance of thorough examination of allegations before transferring an investigation to CBI and highlighted the petitioner's failure to register an FIR or seek remedy under....
Point of law : There is no more res integra that exercise of power under Section 482 CrPC to quash a criminal proceeding is only when an allegation made in the FIR or the charge-sheet constitutes the....
It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge-sheet constitutes the ingredients of....
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