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SUNEET KUMAR, SYED WAIZ MIAN
Pramod Chandra Gupta – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Suneet Kumar, J.
1. Heard Shri Manish Gupta, assisted by Shri Abhishek Tripathi, Shri Shiv Sagar Singh, learned counsels for the petitioners, Shri Gyan Prakash, learned Senior Advocate, assisted by Shri Sanjay Yadav, learned counsel for C.B.I, Ms. Manju Thakur, learned A.G.A. for the State and Shri Jitendra Prasad Mishra, learned counsel appearing on behalf of Directorate of Enforcement.
2. Reliefs pressed by the petitioners/CBI:
(a) Issue a writ, order or direction in the nature of certiorari quashing the FIR bearing no. RC1202019A0008 dated 24.12.2019 registered by Central Bureau of Investigation, Ghaziabad, U/s 420, 467, 468, 471, 120-B IPC and Section 13(1)(c), 13(1)(d) read with Section 13(1)(2) of PC Act, 1988 in pursuance of the Gazette Notification bearing no. 228/35/2018-AVD-II dated 24.10.2019 issued by DOPT, Ministry of Personnel, Public Grievance and Pensions, Government of India for further investigation being violative of Article 14, 20 and 21 of the Constitution of India.
(ii) Criminal Misc. Writ Petition No. 622 of 2022
(a) Issue a writ, order or direction in the nature of certiorari for setting aside and/or to quash the FIR bearing no. RC1202019A0008 dated 24.
The central legal point established in the judgment is that the CBI's jurisdiction to investigate and prosecute cases under the PC Act is contingent upon the State's consent and the existence of a de....
It is no more res integra that exercise of power under Section 482 Cr.P.C. to quash a criminal proceeding is only when an allegation made in the FIR or the charge-sheet constitutes the ingredients of....
Point of law : There is no more res integra that exercise of power under Section 482 CrPC to quash a criminal proceeding is only when an allegation made in the FIR or the charge-sheet constitutes the....
The court can direct a CBI investigation when local investigations are compromised, ensuring fairness and justice in legal proceedings.
The power to transfer a case to the C.B.I. should be exercised rarely in exceptional circumstances, and there must be a lack of confidence in the investigating agency or a national interest at stake.
Judicial interference in investigations is unwarranted without substantial evidence of bias or procedural impropriety, reaffirming the integrity of investigative processes.
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 ....
Criminal Law - Transfer of investigation - Not rarest of rare case - Investigation to be conducted officer above rank of A.C.P.
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