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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Mahesh Chandra Tripathi, Prashant Kumar
Usman Ali – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. factual background of the murder case and investigation. (Para 3 , 4 , 5 , 6 , 7) |
| 2. petitioner's arguments for transferring investigation to cbi/nia. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 3. state's arguments against the transfer of investigation. (Para 17 , 18 , 19 , 20 , 21) |
| 4. court's analysis of the necessity for investigation transfer. (Para 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34) |
| 5. court's final decision to dismiss the writ petition. (Para 42 , 43) |
JUDGMENT :
Prashant Kumar, J.
1. Heard Shri Rakesh Pande, learned Senior Advocate assisted by Mohd. Aman Khan, learned counsel for the petitioner and Shri Paritosh Malviya, learned AGA-I alongwith Shri Sanjay Kumar Singh, learned AGA for the State-respondents.
2. The instant writ petition is preferred under Article 226 of Constitution of India seeking following reliefs:-
“a. To call for the records from the respondents.
b. To issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 26.06.2019 (Vide Annexure No.1 of this Writ Petition) (Letter No.12 C.I.D./6-Pu-11-19-387M/2018) passed by the Government of U.P. through its Principal Secretary Home, Police Anubhag-11, Ho
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....
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.
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....
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....
Prayer for CBI investigation – Power to transfer investigation is an extraordinary power – It is to be used very sparingly and in an exceptional circumstance where Court arrives at conclusion that th....
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....
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....
Judicial intervention in criminal investigations is warranted to ensure fair process and public trust when local authorities are ineffective or biased.
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