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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
VINOD DIWAKAR
Megha Raikwar – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
VINOD DIWAKAR, J.
1. Kautilya[Reference: Second Book, Chapter IX; Examination of the conduct of the Government Servants of Kautilya’s Arthashastra translated by R. Shamasastry. Kautilya’s Arthashastra translated by R. Shamasastry (1868-1944), is a seminal ancient Indian treatise on State craft, economic policy, and military strategy, originally composed by Kautilya. Shamasastry first published the text in 1909 and English translation published in 1915.], in his Arthashastra, prescribes that those possessed of ministerial qualifications shall, in accordance with their individual capacity, be appointed as Superintendents of Government Departments. While engaged in the discharge of their duties, they shall be examined daily; for men are by nature fickle-minded and, like horses at work, exhibit constant changes in their temperament. Accordingly, the agencies and instruments of which they avail themselves, the place and time of the work in which they are engaged, as well as the precise form of the work, the ex-penditure incurred, and the results achieved, shall all be daily ascertained.
A fine of twice the amount of their daily remuneration and of the expenditure incurred by the
The judgment establishes the principle of judicial restraint and circumspection in commenting on the conduct of police officials, emphasizing the limitations of the court's jurisdiction in interferin....
The responsibility of police to conduct prompt, diligent, and transparent investigations is paramount, especially in cases of missing persons, ensuring public trust and justice.
The court cannot direct the investigating agency on how to conduct investigations, as this undermines the autonomy of the police and the principles of fair trial.
Importance of accurate records and compliance with SOPs in the bail process, caution against immediate disciplinary actions without ascertaining the actual facts from the Police Department.
Point of law: Magistrate's power Under Section 156(3) of the Code of Criminal Procedure is very wide, for it is this judicial authority that must be satisfied that a proper investigation by the polic....
(1) Kidnapping of girl child – Petition seeking direction for effective Police investigation – If police do not play their role effectively and with due diligence, entire prosecution case is bound to....
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