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SANJAY KUMAR DWIVEDI
Yogendra Saw @ Yogendra Sao – Appellant
Versus
State of Jharkhand – Respondent
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 in manipulating the Rajya Sabha Election of the year 2016 and a huge amount of transaction has taken place at h
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 main legal point established in the judgment is the court's power to direct investigation by the CBI in cases involving serious crimes, high profile officials, and political nature of the crime, ....
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.
If a citizen, who is a defacto complainant in a criminal case alleging commission of a cognizable offence affecting violation of his legal or fundamental rights against influential persons, prays bef....
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