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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MR. JUSTICE FARJAND ALI, J
Parmeshwar Ramlal Joshi S/o Shri Ramlal Pratap Joshi – Appellant
Versus
State Of Rajasthan, Through Pp – Respondent
| Table of Content |
|---|
| 1. petitioner alleges police bias (Para 2) |
| 2. concerns about police influence (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 3. need for independent investigation (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 4. investigation transferred to cbi (Para 20 , 21 , 22) |
Order :
2. Heard the petitioner, Parmeshwar Ramlal and N.S. Chundawat, Dy.G.A., public prosecutor appearing on behalf of the State.
4. The petitioner himself appeared and explained the entire sequence of events to this Court. I was deeply astounded to learn that the Investigating Officer, the Circle Officer of Aasind, who was keeping the file with him since last six months is unaware of the fact that the Additional Director General of Police of the State of Rajasthan is the brother of the accused. The petitioner vehemently contends that he submitted a complaint to the SHO, Kareda, Bhilwara, regarding the theft of goods from his mines; however, no FIR was registered. Subsequently, the petitioner sent emails to the DGP Jaipur, IG, SP Bhilwara, and SHO Kareda, but no action was taken. In response to this inaction, the petitioner filed a complaint under Section 156(3) of the Cr.P.C. before the Magistrate, who ordered lod
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.
(1) Crimes investigation – No party, either accused or complainant/informant, is entitled to choose investigating agency or to insist for investigation of crime by a particular agency – Power to tran....
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 necessity for a C.B.I. investigation arises in cases where police personnel are accused, ensuring fairness and public confidence in the judicial process.
Judicial intervention in criminal investigations is warranted to ensure fair process and public trust when local authorities are ineffective or biased.
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....
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