Criminal Procedure Code, 1973, Section 154 -- Two FIR's - FIR registered - Investigation handed over to CBI - During investigation larger scam came to light involving more person - Second FIR not a bar...........
Criminal Procedure Code, 1973, Section 482 -- Investigation - Transfer from State Police to CBI - Petition rejected by High Court - High Court cannot review and modify its order and transfer the investigation to CBI - There was no clerical or arithmetical error in the order - In case after passing of the order certain events have occurred, a fresh petition could be made..........
Indian Penal Code, 1860, Section 376, 366, 365, 506 -- Rape - Petitioner seeking direction from High Court for registration of case against accused u/ss 376, 366, 365 & 506 IPC and for entrusting the same for investigation by CBI - Not a fit case for such direction when alternative remedy is available with the petitioner...........
Delhi Special Police Establishment Act, 1946, Section 3, 5, 6 -- Consent of State Govt. - Appellant appeared in examination conducted by UPSC at Bhopal - Found to be in possession of pre-written answer sheets - Charge sheeted by CBI - Question of consent of State Govt. arose which was required u/s 6 of the Act to enable the Central Govt. to invoke provisions of the Act -..........
Criminal Procedure Code, 1973, Section 156, 482, Prevention of Corruption Act, 1988, Section 7, 13(1)(d)(e), 13(2) -- Change of Investigation Officer - Complainant stepped into the shoes of IO - His wife was one of the beneficiaries who was involved in the affairs of the housing society for the land sold by petitioner in the form of plots - Since serious allegations have..........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226, 136 -- CBI enquiry - Cannot be ordered as a matter of routine or merely because party makes some allegation - Material on record not disclosing a prima facie case calling for an investigation by CBI - Mere allegations that son was murdered because he discovered some corruption does not..........
Criminal Procedure Code, 1973, Section 482 -- Expunction of remarks - Remarks against petitioner by Sessions Judge that petitioner with criminal motive falsely implicated accused in heinous crime like conspiracy to murder - Petitioner who was M.P. and President of political party in State - He was neither a party to proceedings nor his statement was recorded by CBI during..........
Criminal Procedure Code, 1973, Section 156, 36, Constitution of India, 1950, Article 226, 21 -- Murder - Investigation by CBI - Deceased and his wife had drawn the attention of various police stations apprehending threat with dire consequences - Later on he was found dead under unnatural circumstances - Mother and brother of deceased filed petition praying for an..........
CBI investigation -- Where Magisterial enquiry report or police officers' report tries to illegally protect the subordinate police officers/authorities that a CBI enquiry is ordered and not in a case where the conducts of the investigating agency do not create any doubt - CBI investigation can also be ordered in a case where the matter is enquired into by a judicial..........
Consumer Protection Act, 1986, Section 13,21 -- Summary proceedings - Complicated questions - Conspiracy of forging documents - There are nearly 8 persons said to be conspirators as alleged by the CBI after investigation - The matter cannot be decided on the basis of documents and interrogatories - The witnesses are required to be cross-examined elaborately to bring out..........
