Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
N.S.SHEKHAWAT
Central Bureau of Investigation – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. establishing the procedural history and the necessity for transferring investigations between jurisdictional courts. (Para 1 , 2) |
| 2. consolidation of related trial records where multiple investigative agencies have filed reports. (Para 3 , 4) |
| 3. trial courts must consider all reports, including police and cbi closure/untrace reports, holistically for justice. (Para 5 , 6 , 7) |
| 4. formulation of final judicial orders regarding transfer and adherence to procedural statutes. (Para 8 , 9) |
JUDGMENT :
N.S. SHEKHAWAT, J.
1. The Central Bureau of Investigation, (hereinafter to be referred as ‘the CBI’), has filed the present petition with the prayer to transfer the record of trial arising out of FIR No. 173 dated 03.09.2015 registered under Sections 302 and 34 IPC at P.S. Simlapuri, Ludhiana, Punjab, which is pending at Ludhiana to the Court of Special Judicial Magistrate, CBI Mohali.
2. Learned counsel for the petitioner has vehemently argued that initially one FIR No. 173 dated 03.09.2015 under Sections 302 and 34 IPC, P.S. Simlapuri, Ludhiana, Punjab (Annexure P-1) was got registered by Kamalesh Chaudhary by alleging that his elder daughter Inder Rekha was kidnapped by someon
When an investigation is transferred to a specialized agency after local authorities have filed a report, both reports must be considered by the trial court. To ensure comprehensive adjudication, the....
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 ....
Special CBI Court has exclusive jurisdiction over cases from designated districts; transfer ordered for uniformity.
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....
Criminal Law - Transfer of investigation - Not rarest of rare case - Investigation to be conducted officer above rank of A.C.P.
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 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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
