Back
FARJAND ALI
Himanshu Nanawati S/o Shri Dharmendra Nanawati – Appellant
Versus
State Of Rajasthan, Through PP – Respondent
ORDER :
Farjand Ali, J.
“I am for truth, no matter who tell it. I am for justice, no matter who it’s for or against.” – Malcom X
1. By way of filing these two miscellaneous petitions, the petitioner has sought indulgence of this Court for exercising extraordinary jurisdiction so as to quash FIR No. 33/2024 for the offences under Sections 406, 420, 120-B, 467, 468 and 471 of the IPC and FIR No.34/2024 lodged at Banswara Police Station, District Banswara for the offences under Sections 406, 420, 120-B, 467, 468, 474 and 471 of the IPC.
2. Since the present case has a chequered history, the same calls for production of facts in detail and thus, the same are elaborated in the succeeding paragraphs:
The court established that the right to a fair investigation is fundamental, and when there are serious allegations of police misconduct, it may necessitate the transfer of the investigation to an in....
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....
The accused has no right to dictate the investigating agency or method of investigation, and the plea of alibi must be substantiated with cogent evidence.
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 can direct a CBI investigation when local investigations are compromised, ensuring fairness and justice in legal proceedings.
Court held that state police investigation indicated bias; thus, CBI should investigate to ensure impartiality in serious allegations involving high-profile figures.
The judgment emphasizes the need for fair investigation and clarifies the exceptional circumstances for transferring investigation to the CBI.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
