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SANJAY KUMAR DWIVEDI
Yogendra Saw @ Yogendra Sao – Appellant
Versus
State of Jharkhand – Respondent
Headnote: Read headnote
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
1. Heard Mr. Binod Singh, the learned counsel appearing on behalf of the petitioners, Mr. Yogesh Modi, the learned counsel appearing for the respondent State, Dr. Ashok Kumar Singh, the learned counsel appearing for the respondent Election Commission of India and Mr. Anil Kumar, the learned A.S.G.I. appearing on behalf of the C.B.I.
2. This petition has been filed for directing the respondents to transfer the investigation of the case being Jagarnathpur P.S. Case No. 54 of 2018, corresponding to G.R. No. 1866 of 2018 registered under section 171(b), (c), (e) and (f) of the I.P.C. pending in the court of Judicial Magistrate, 1st Class-IV, Ranchi to the C.B.I. The prayer is also made to add other sections of the I.P.C. and the case under the Prevention of Corruption Act.
3. Mr. Binod Singh, the learned counsel for the petitioners submits that the said case was registered by the police on the instruction of Election Commission of India against one Mr. Anurag Gupta who is the higher I.P.S. Officer posted in State of Jharkhand who found indulged
The power to transfer a case to the C.B.I. should be exercised rarely in exceptional circumstances, and there must be a lack of confidence in the investigating agency or a national interest at stake.
The main legal point established in the judgment is the need for sparing and cautious use of CBI investigations, especially when the matter can be handled at the state level, and the requirement for ....
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 ....
The High Court has the authority to direct CBI investigations in exceptional cases to ensure justice and uphold public confidence in the legal system.
Investigation can be transferred only in rare and exceptional cases where necessary to do justice between the parties and instill confidence in public or where investigation by State police lacks cre....
Prayer for CBI investigation – Power to transfer investigation is an extraordinary power – It is to be used very sparingly and in an exceptional circumstance where Court arrives at conclusion that th....
The main legal point established in the judgment is the need for cooperation between the CBI and State Police Agencies in the investigation of chit fund cases as directed by the Hon'ble Supreme Court....
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