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JASJIT SINGH BEDI
Mukesh Kumari – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT
Jasjit Singh Bedi, J. (Oral). - The present petition has been filed under Section 482 Cr.P.C. for issuance of appropriate directions to respondents No.2 to 4 for registration of an FIR under Sections 302, 148, 149, 34 and 120-B IPC against private respondents and their associates, making arrest of the private respondents and to handover investigation to an independent agency like CBI for having committed a murder of Jagbir, husband of the petitioner-Mukesh Kumari.
2. The learned counsel for the petitioner contends that the husband of the petitioner, namely, Jagbir Singh went to meet Punit, respondent No.9, who is the proprietor of a shop. Her husband had taken two other women, one of whom was Priti and another was Jannet and these persons had committed the murder of her husband and also took 2-3 lacs from him. He contends that the last seen theory is applicable and the private respondents need to be interrogated by the police officials in order to discover the truth.
3. He further contends that on 12.11.2021, the private respondents got admitted one person with a pain in his stomach at Government hospital, Jhajjar where the doctor declared the person dead as that person was h
The main legal point established in the judgment is the importance of exhausting alternate remedies before approaching the High Court for the registration of an FIR and the direction of a proper inve....
The High Court should refrain from direct interference in police investigations and encourage petitioners to seek redress through formal statutory remedies under the Criminal Procedure Code.
The Court emphasized the wide powers of a Magistrate under Section 156(3) Cr.P.C. to order registration of an FIR, direct proper investigation, and monitor the same. It also highlighted the need for ....
The Court has inherent powers under Section 482 Cr.P.C. to transfer the investigation from one agency to another, including to the CBI, if the facts so warrant, but the same should be done in some ra....
The main legal point established in the judgment is the applicability of Section 156(3) of Cr.P.C. for seeking directions for a fair investigation in a criminal case.
The court emphasized that the power to quash FIRs should be exercised sparingly and only in exceptional cases where the allegations do not disclose any offence or the prosecution is barred by law. Th....
The High Court has the authority to direct CBI investigations in exceptional cases to ensure justice and uphold public confidence in the legal system.
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....
The court affirmed that magistrates cannot order further investigations post-cognizance without evidence of malafide, upholding the legitimacy of the charge sheet filed under Section 498A.
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