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IN THE HIGH COURT OF JHARKHAND AT RANCHI
GAUTAM KUMAR CHOUDHARY
Rahatoon Nisha, W/o Late Jawed Akhtar – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. petition seeks cbi re-investigation alleging unfair probe. (Para 1 , 2 , 3) |
| 2. cbi probe ordered only in exceptional cases. (Para 4) |
| 3. no exceptional circumstances; petition dismissed. (Para 5 , 6) |
ORDER :
GAUTAM KUMAR CHOUDHARY, J
1. This writ petition has been filed under Article 226 of the Constitution of India for a direction to transfer the case and to re-investigate Seraikela P.S. Case No. 126 of 2024 registered under Sections 103(1), 238, 49, 3(5) of BNS, 2023 and Section 25(1-b) a, 26, 27 and 35 of Arms Act from Central Bureau of Investigation.
2. The petitioner is the widow of the deceased who was shot dead by some unknown persons regarding which an FIR was lodged and after investigation, charge-sheet has already been submitted against two accused persons.
3. It is submitted by learned counsel for the petitioner that the investigation was not fairly done and, therefore, the prayer for re-investigation by CBI is being made.
4. There is no provision in the Criminal Procedure Code for ordering re- investigation. Constitutional courts can in exercise of power under Article 226 of the Constitution of India order such re-investigation in exceptional circumstance. It
High Court under Article 226 can direct CBI re-investigation only in rare exceptional cases; insufficient on unfair investigation claim post charge-sheet filing.
Judicial intervention in criminal investigations is warranted to ensure fair process and public trust when local authorities are ineffective or biased.
The court established that the extraordinary power under Article 226 for investigation must be exercised cautiously and only in exceptional circumstances to ensure judicial integrity.
A writ petition seeking an investigation by CBI, after a similar petition was withdrawn, constitutes an abuse of the court process due to lack of fresh cause of action.
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 court emphasized that the extraordinary power for investigation by C.B.I. must be exercised sparingly, cautiously, and in exceptional situations, and highlighted the lack of change of circumstanc....
The court emphasized that the transfer of investigation must be justified by exceptional circumstances, ensuring a fair and impartial investigation while upholding the integrity of the judicial proce....
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