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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 :
1. The instant Criminal Miscellaneous petition has been filed under Section 528 of Bhartiya Nagarik Suraksha Sanhita, 2023 (hereinafter to be referred as “BNSS”) praying for a direction to be issued to the respondents to conduct fair, proper, impartial and expeditious investigation in case arising out of FIR NO. 234/2024 Police Station, Kareda and in FIR No. 202/2024 Police Station Kareda, District Bhilwara. It is further prayed that the investigation be transferred from the State Police to any other independent agency like Central Bureau of Investigation (hereinafter to be refered as “CBI”).
2. Heard the petitioner, Parmeshwar Ramlal and N.S. Chundawat, Dy.G.A., public prosecutor appearing on behalf of the State.
3. Without looking into the particulars and contents of the FIR, and without delving into whether the allegations leveled in the FIR are false or true, the concern of this Court is to ascertain why t
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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