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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MR. JUSTICE FARJAND ALI, J
Neeraj Purbia S/o Shri Prem Chand Purbia – Appellant
Versus
State Of Rajasthan, Through Chief Secretary, Government Of Rajasthan – Respondent
Order :
CRLW No. 1731/2024
1. By way of filing this instant petition under Article 226 of the Constitution of India , the petitioner, a permanent resident of Udaipur, seeks redress from this Court for the unlawful and arbitrary acts committed by the accused, including the extortion of a sum of Rs. 1.83 crores by Dy. S.P. Jitendra Achaliya and his associates. The petitioner contends that the actions of the accused have violated several fundamental rights guaranteed under Articles 14, 19, 21, and 300A of the Constitution of India . Furthermore, the petitioner seeks appropriate directions for the investigation and transfer of the same to an impartial agency, such as the Central Bureau of Investigation (CBI), contending that the state police and other authorities have failed to ensure a fair and unbiased investigation, thereby shielding the accused from accountability.
2. The petitioner, a computer software developer, has been residing in Kuwait since 1993, where he has established a successful business, Pegasus Turn Solution Pvt Ltd, which operates in Kuwait, Dubai, and India. The petitioner has been sending money for his family’s livelihood in India since then. In 2007, the petitioner t
Judicial interference in investigations is unwarranted without substantial evidence of bias or procedural impropriety, reaffirming the integrity of investigative processes.
Criminal Law - Transfer of investigation - Not rarest of rare case - Investigation to be conducted officer above rank of A.C.P.
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 court can direct a CBI investigation when local investigations are compromised, ensuring fairness and justice in legal proceedings.
Victim has a fundamental right of fair investigation and fair trial – Mere filing of charge-sheet and framing of charges cannot be an impediment in ordering further investigation/re-investigation/de ....
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....
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 : 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....
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