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Inquiry by CBI - rejected due to delay
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Showing posts with label
Inquiry by CBI - rejected due to delay
.
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Wednesday, August 21, 2013
Inquiry by CBI - rejected due to delay - with liberty to file fresh application on fresh grounds if any = the High Court has rejected the prayer of the appellant to transfer the investigation of his case/complaint to Central Bureau of Investigation (hereinafter referred to as the `CBI’). - His request to the Judicial Magistrate in regard to medical examination of the injuries which had been caused to him was rejected. = In sum and substance, firstly, the facts and circumstances of the instant case do not present special features warranting transfer of investigation to CBI, and that too, at such a belated stage where the final report under Section 173(2) Cr.P.C. has already been submitted before the competent criminal court. The allegations are only against the then RDO who might have been transferred to various districts during these past 15 years. Similarly various other police officials might have investigated the case and it is difficult to assume that every police official was under his influence and all of them acted with malafide intention. In view of the earlier order of this Court dated 2.9.2008, no subsequent development has been brought to the notice of the court which could warrant interference by superior courts and transfer the investigation to CBI. 15. In view of the above, we do not see any cogent reason to interfere with the impugned judgment and order of the High Court. The appeal lacks merit and is, accordingly, dismissed.
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published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40664 REPORTABLE ...
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