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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY KUMAR DWIVEDI
Pratik S/o Vinay Kumar Singh – Appellant
Versus
The State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. arguments presented by the petitioners regarding validity of the fir. (Para 20 , 21 , 24 , 26) |
| 2. legal framework concerning custodial issues and police investigation. (Para 28 , 50 , 52) |
| 3. final conclusion directing cbi investigation. (Para 64) |
JUDGMENT
This matter was mentioned on 15.01.2026 and seeing the urgency in the matter, this matter was allowed to be listed on 16.01.2026 and on that day, following order was passed:
“02/16.01.2026 Heard Mr. Amit Kumar Das, learned counsel appearing for the petitioners and Mr. Kapil Sibal, learned senior counsel for the State appearing through Video Conferencing.
2. This criminal writ petition was mentioned yesterday by the learned counsel appearing for the petitioners and seeing the urgency in the matter, the matter was allowed to be listed and that is how, this matter has been listed today.
3. In this criminal writ petition, following prayers have been made:
(i) For issuance of appropriate writ(s)/ order(s)/, direction(s) for quashing the entire criminal proceedings including the FIR being Airport PS Case No. 5 of 2026 dated 13.01.2026, instituted for the alleged offences under Sections 109(2), 117(2), 115(2), 127(2), 351(2),
Court held that state police investigation indicated bias; thus, CBI should investigate to ensure impartiality in serious allegations involving high-profile figures.
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....
Criminal Law - Transfer of investigation - Not rarest of rare case - Investigation to be conducted officer above rank of A.C.P.
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....
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 necessity for a C.B.I. investigation arises in cases where police personnel are accused, ensuring fairness and public confidence in the judicial process.
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.
The court can direct a CBI investigation when local investigations are compromised, ensuring fairness and justice in legal proceedings.
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....
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