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VIVEK SINGH THAKUR
Sarvhitkari Adhyatmik Kendra (Regd. ) through its Secretary – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Vivek Singh Thakur, J.
Petitioners, by way of present petition, have approached this Court invoking provisions of Section 482 of Code of Criminal Procedure (in short ‘Cr.P.C.”), with prayer to entrust investigation of FIR No. 106 dated 3.6.2018, registered in Police Station Bhuntar, District Kullu under Sections 323, 341, 325, 34 IPC, with respect to incident occurred on 3.6.2018 near Shamshi District Kullu, to independent Agency like Central Bureau of Investigation (CBI), as respondent No.1 has failed to make any progress in investigation in the matter.
2. Petitioner No.1 Sarvhitkari Adhyatmik Kendra is a Registered Society which is being represented through Secretary Surinder Singh. Petitioner No.2 Khem Singh is injured/victim in incident dated 3.6.2018, who is claiming himself to be real successor of Shri Param Sant Thakur Singh Maharaj and an authorized person to conduct Satsang to disseminate his teachings. Petitioner No.3 Ganesh Dass is claiming himself as devotee.
3. It has been claimed in petition that Baba Param Sant Thakur Singh was Chief of Vishav Manav Ruhani Kendra, Nawan Nagar, District Panchkula and he had nominated petitioner No.2 Khem Singh as his successor
Extra-ordinary powers of High Court under Article 226 of Constitution must be exercised sparingly, cautiously and in exceptional situations where it becomes necessary to provide credibility and confi....
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.
It is trite law that Article 21 embraces both the life and liberty of the accused as well as the interest of the victim, his or her near and dear ones, as well as of the community at large.
Crime investigation – Question of transferring investigation to CBI arises only if overwhelming reasons are made out – It cannot be done by mere asking.
The court can direct a CBI investigation when local investigations are compromised, ensuring fairness and justice in legal proceedings.
The consent once given by the State Government in terms of Section 6 of the Delhi Special Police Establishment Act, 1946 (Act of 1946) cannot be thereafter withdrawn and consequently, the investigati....
The High Court has the authority to direct CBI investigations in exceptional cases to ensure justice and uphold public confidence in the legal system.
The main legal point established in the judgment is the court's duty to ensure fair investigation and prosecution, as well as the power of the Constitutional Court to direct re-investigation in excep....
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