Back
SANJAY KUMAR DWIVEDI
Swami Vivekanand Seva Trust, Jamshedpur through its President Dr. Ranjit Choudhary – Appellant
Versus
Union of India through the Secretary, Ministry of Tribal Affairs, Government of India, New Delhi – Respondent
JUDGMENT :
1. In all these writ petitions, common question of fact and laws are involved and that is why, all these writ petitions have been heard together with consent of the parties.
2. Heard Mr. Pandey Neeraj Rai, learned counsel for the petitioners in W.P. (Cr.) Nos. 240 of 2005 and 91 of 2021, Mr. Shankar Lal Agrawal, learned counsel for respondent no.11 in W.P. (Cr.) No.240 of 2005 and learned counsel for the petitioner in W.P. (Cr.) No.186 of 2021, Mr. Manoj Kumar and Mr. Faisal Allam, learned counsel for the State and Mr. Nitish Parth Sarthi, learned A.C. to A.S.G.I., appearing for the CBI.
3. In W.P. (Cr.) No.240 of 2005, the prayer is made for transferring the case to the CBI in connection with Bistupur P.S. Case No. 154/2003 in light of D.O. letter dated 05.02.2004 of Director, Ministry of Tribal Affairs, Government of India.
4. Prakash Chandra Nandi in the capacity of founder trustee of Swami Vivekananda Seva Trust (hereinafter to be referred to as “SVST”), Jamshedpur made a written report dated 05.08.2003 to the Officer-in-Charge, Bistupur Police Station, Jamshedpur informing him about the criminal acts of Saroj Kumar Das who misused his former identity of being erstwhile
The main legal point established in the judgment is that for similar transactions, a second FIR is unwarranted, and the court has the authority to direct the transfer of cases to the CBI for re-inves....
The court clarified that the CBI had jurisdiction to investigate the case without specific consent under Section 6 of the DSPE Act and that the lack of specific consent did not result in a miscarriag....
The court can direct a CBI investigation when local investigations are compromised, ensuring fairness and justice in legal proceedings.
Court mandated an independent investigation by the CBI into allegations of financial irregularities involving public officials to maintain credibility and protect public interest.
Lack of sanction for prosecution is not always fatal to case of prosecution.
Police have statutory right and duty to investigate cognizable offence, and Court would not stop any investigation into cognizable offence. Only in case where no cognizable offence of any kind is dis....
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....
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
