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SURYA PRAKASH KESARWANI, PIYUSH AGRAWAL
Resham Singh – Appellant
Versus
State Of Uttar Pradesh – Respondent
JUDGMENT :
Surya Prakash Kesarwani, J.
1. Heard Sri Arvind Verma, learned Senior Advocate assisted by Sri Jaspreet Singh Rai, Sri Anurag Bajapayee and Smridhi Sharma, learned counsels for the petitioner and Sri Raghvendra Singh, learned Advocate General assisted by Sri Shiv Nath Tilhari, learned A.G.A. for the State – respondents.
2. This writ petition has been filed praying for the following relief:
b) Issue a writ order or direction in the nature of Mandamus directing the Respondents to immediately arrest the erring Police Officials and proceed against them departmentally as per Rules, and
c) Issue a Writ order or direction in the nature of Mandamus directing the respondents to conduct free and fair investigation in the present matter and also this Hon’ble Court may graciously be pleased to monitor the investigation so as to secure the ends of justice. and/or
d) Pass any such
No authority can arrogate to itself the power to act in a manner which is arbitrary. It is unfortunate that matters which require immediate attention linger on and man in street is made to run from o....
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 main legal point established in the judgment is the court's duty to ensure fair investigation and prosecution, as well as the power of the Constitutional Court to direct re-investigation in excep....
The investigation must be unbiased, honest, and just, and fair investigation is a part of the constitutional rights guaranteed under Articles 20 and 21 of the Constitution of India. The power to dire....
The judgment emphasizes the importance of fair investigation in ensuring fair trial as enshrined in Article 21 of the Constitution of India. It establishes that unless there is a serious irregularity....
The court ruled that the investigation into custodial violence must be fair and transparent, especially when police are implicated, necessitating a transfer to an independent agency for credibility.
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