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VIVEK KUMAR BIRLA, VINOD DIWAKAR
Ms. Baba Beti – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
Vinod Diwakar, J.
1. Heard Shri Gyanendra Kumar Mishra, holding brief of Shri Vivek Srivastava, learned counsel for the petitioner through Video Conferencing, Shri R.P.S. Chauhan, learned counsel for the Union of India, Shri Kuldeep Srivastava, learned counsel for the Enforcement Directorate, Shri Satish Chaturvedi, learned counsel for the State Bank of India, Shri M.C. Chaturvedi, learned Additional Advocate General assisted by Shri G.P. Singh, learned A.G.A. for the State-respondents, Shri Gyan Prakash, learned Senior Counsel assisted by Shri Sanjay Kumar Yadav, learned counsel for the CBI, Shri G.S. Chaturvedi, learned Senior Counsel assisted by Shri Aditya Gupta, learned counsel for SKS Ispat and Power Ltd., and perused the record.
2. Initially, the petitioner approached this Court seeking a fair investigation in the impugned FIR[First Information Report No.0115 of 2021 dated 26.9.2021, u/s 120B, 420, 467, 468, 471, 474, 476, 506, 507, 511 IPC,]. However, through an amended application, the prayer was modified to request the transfer of the investigation to the CBI. For clarity, the amended prayer is reproduced herein after:
The court emphasized that investigations into corporate fraud must be fair and impartial, directing the transfer of the case to CBI due to inadequate local police handling.
The court established that the transfer of investigation to the CBI is not routine and should only occur in exceptional circumstances to maintain public confidence in the investigation process.
The court established that the right to a fair investigation is fundamental, and when there are serious allegations of police misconduct, it may necessitate the transfer of the investigation to an in....
The High Court can direct the CBI to investigate cognizable offences without state consent, especially in cases involving significant public interest and international ramifications.
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....
Criminal Law - Transfer of investigation - Not rarest of rare case - Investigation to be conducted officer above rank of A.C.P.
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....
The court can direct a CBI investigation when local investigations are compromised, ensuring fairness and justice in legal proceedings.
Point of Law : Provisions of section 6 of Delhi Special Police Establishment Act, 1946 - Officers of Delhi Special Police Establishment, a premier investigating agency, are and must be fully alive to....
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