Search Results Page

Search Results

1 - 10 of 23 (0.23 seconds)

State Of West Bengal & Ors. Etc vs Sampat Lal & Ors. Etc on 4 December, 1984

"No material has been placed before us whether there has been any consent under S. 6 of the Act of the State Government, but it can hardly be disputed that in case this court orders that the case should be investigated by the CBI, no consent of the State Government is necessary. The Supreme Court in the case of State of West Bengal v. Sampat Lal, , has said that consent under S. 6 of the Act would not be a condition precedent to compliance with the Court's direction and S. 6 of the Act does not apply when the court gives a direction to the CBI to conduct an investigation. Therefore, it may be that a mandamus under Article 226 of the Constitution may be issued directing the State Government to transfer the investigation or to direct the CBI to make the investigation in a case registered with any local police station, but the powers under Art. 226 of the Constitution are wide enough and this Court in a proper case, if satisfied that the investigation is not proceeding in a right manner, can order the transfer of investigation from local police to CBI. It can hardly be disputed that residuary powers vest in this court and for public interest and the court may give direction that the case pending investigation with the local police may be transferred to which the notification under S. 6 of the Act has not been issued, this court will have still power to order that the investigation of a case will be transferred to CBI for investigation and the CBI will investigate the case and proceed thereafter in accordance with law."
Supreme Court of India Cites 12 - Cited by 110 - M Rangnath - Full Document
1   2 3 Next