CBI Investigation Can’t Be Ordered On Mere Asking By Defacto Complainant; Mere Allegations Against Police Not Sufficient

Case: Himanshu Kumar And Ors. v. State of Chhattisgarh And Ors.

Coram: Justices A.M. Khanwilkar and J.B. Pardiwala

Case No.: Writ Petition (Criminal) No. 103 of 2009

Court Observation: “one factor that courts may consider is that such transfer is “imperative” to retain “public confidence in the impartial working of the State agencies”This observation must be read with the observations made by the Constitution Bench in the case of Committee for Protection of Democratic Rights, West Bengal (supra), that mere allegations against the police do not constitute a sufficient basis to transfer the investigation.”

“An aggrieved person can only claim that the offence he alleges be investigated properly, but he has no right to claim that it be investigated by any particular agency of his choice.”

Previous Posts

Copyright Owners Have Right To Dub Cinema: Delhi High Court Vacates Stay On Hindi Dub Of Telugu Movie Bheemla Nayak

Person Driving Without License Has Knowledge That Act Likely To Cause Death: Kerala HC Refuses To Modify Conviction From S.304 To 304A IPC

Central Govt Has Taken Steps To Bring De-Notified Nomadic Tribes Into Mainstream Of The Country: Delhi High Court

Disparity In Pay Scale Classification Based On Mode Of Recruitment, Qualification & Merit Not Unreasonable: Delhi High Court

Courts Can’t Expand Scope Of Qualification Prescribed By Employer By Reading Into It A Higher Qualification: J&K&L High Court

Decision Of Adjudicating Authority Can’t Be Doubted Merely Because It Is Govt Limb, Reliable Evidence Indicating Bias Is Must: Karnataka High Court

State Not Obliged To Pay Salary To Teachers Whose Appointments Are Void Ab Initio: Kerala High Court

Order XVIII Rule 17 CPC Recall Applications Can’t Be Allowed Merely For Filling Lacuna In Cross-Examination: Delhi High Court

Start-Ups Can’t Seek Relaxation Of Tender Conditions As A Matter Of Right, Especially In Field Of Healthcare: Delhi High Court

Dysfunctional Limbs Render 100% Functional Disability: Karnataka High Court Orders ₹21.86 Lakh Compensation For Minor Victim In Motor Accident

Detention Beyond Release Date Violates Article 21: Supreme Court Grants Rs 7.5 Lakh Compensation To Convict Kept In Prison In Excess Of Sentence Period

High Court Under Article 226 And 227 Should Be Extremely Circumspect In Interfering With Orders Passed Under Arbitration Act Download Judgement

Keywords

CBI Investigation, Defacto Complainant