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M. V. MURALIDARAN, A. GUNESHWAR SHARMA
Surinder Kaur – Appellant
Versus
Union of India, through the Secretary, Government of India, Ministry of Home Affairs, New Delhi – Respondent
| Table of Content |
|---|
| 1. factual background of nishan singh's death (Para 3 , 4) |
| 2. arguments by the appellant and respondents (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 3. court's observations on evidence and previous proceedings (Para 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28) |
| 4. analysis of procedural flaws and need for investigation (Para 29 , 30 , 31 , 32 , 33 , 34 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50) |
| 5. legal grounds for directing cbi investigation (Para 51 , 52 , 53 , 54 , 55 , 56 , 57 , 58 , 59 , 60 , 61 , 62 , 63 , 64) |
| 6. final order directing cbi investigation (Para 70 , 71 , 72 , 73 , 74 , 75) |
JUDGMENT :
M.V. Muralidaran, A.C.J.
Heard Mr. Kh. Chonjon, learned senior counsel for the appellant; Mr. S. Samarjeet, learned Senior Panel Counsel for Central Government for the respondent Union of India and Mr.R.K.Umakanta, learned Government Advocate for the respondent State.
2. This writ appeal is filed against the judgment and order of the learned Single Judge dated 18.7.2016 made in W.P.(C) No.1401 of 2016.
3. The appellant is the writ petitioner. She filed the writ petition for issuance of a writ of mandamus directing t
The court held a CBI investigation warranted due to significant suspicions surrounding the death of a constable, implicating senior officers in possible misconduct.
Crime investigation – Suspicious death of wife of Judicial Officer – Power to direct CBI to conduct investigation is to be exercised sparingly and such orders should not be passed in routine manner –....
The main legal point established in the judgment is the court's power to direct investigation by the CBI in cases involving serious crimes, high profile officials, and political nature of the crime, ....
Judicial intervention in criminal investigations is warranted to ensure fair process and public trust when local authorities are ineffective or biased.
The judgment emphasizes the constitutional right to a fair and just investigation, the duty of the police to act according to law, and the need for a balanced approach between individual rights and s....
It is trite law that Article 21 embraces both the life and liberty of the accused as well as the interest of the victim, his or her near and dear ones, as well as of the community at large.
Transfer of investigation to CBI requires exceptional circumstances; mere allegations against local police are insufficient for such action.
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....
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