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RAJ BEER SINGH
Animesh Verma – Appellant
Versus
C. B. I. – Respondent
JUDGMENT
Raj Beer Singh, J.
This application under Section 482 /483 CrPC has been filed against the order dated 06.03.2023, passed by learned Special Judge, Anti Corruption (CBI), Court No. 2, Ghaziabad, in Special Case No. 01/2016, Case Crime No. RC1202014A0004 under Section 120-B, 201, 477-A IPC and Section 13 (2) r/w 13(1)(d) Prevention of Corruption Act. It is further prayed that a direction for further investigation be made regarding role played by the senior officers of BDFP, Mathura and that the learned Special Judge, Anti Corruption (CBI), Court No. 2, Ghaziabad, be directed to thoroughly consider the report submitted by the Central Bureau of Investigation (hereinafter referred as CBI) pursuant to the order dated 22.10.2016 and to pass appropriate order.
2. Heard learned counsel for the applicants and Shri Gyan Prakash, learned Senior Advocate/Deputy Solicitor General of India, assisted by Shri Sanjay Kumar Yadav, learned counsel for C.B.I.
3. Perusal of record shows that this case was registered by the CBI against applicant No. 1 Animesh Verma, applicant No. 2 Ashok Kumar Yadav and one Avdhesh Kumar and some unknown persons for offences under Section 120-B, 409, 201 IPC and
The High Court upheld the trial court's discretion regarding further investigation, ruling that no illegality was found in the prior investigations conducted by CBI.
The accused do not possess the right to request further investigation under Section 173(8) of the Cr.P.C., as this power is reserved for the investigating agency and the court, ensuring that the inve....
The court ruled that serious allegations of corporate malfeasance necessitate thorough investigation despite initial closure due to insufficient evidence, asserting the scope of further investigation....
(1) Further investigation – Mere fact that there may be further delay in concluding trial should not stand in way of further investigation if that would help court in arriving at truth and do real an....
The mandatory nature of the provisions under Section 17 of the PC act and the importance of fulfilling statutory expectations with due care and caution.
The main legal point established in the judgment is the need for cooperation between the CBI and State Police Agencies in the investigation of chit fund cases as directed by the Hon'ble Supreme Court....
Investigation proceedings remain valid despite procedural defects if sufficient substantive evidence supports charges, emphasizing the necessity of proper police authorization and hierarchical compli....
The accused has no right to seek further investigation after a charge sheet is filed, and discrepancies in evidence are to be resolved at trial.
The court clarified that the CBI had jurisdiction to investigate the case without specific consent under Section 6 of the DSPE Act and that the lack of specific consent did not result in a miscarriag....
Investigation and charges deemed void due to lack of lawful authority and failure to adhere to procedural safeguards, making subsequent proceedings untenable.
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