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1 - 10 of 20 (0.39 seconds)Article 20 in Constitution of India [Constitution]
Article 32 in Constitution of India [Constitution]
Section 306 in The Indian Penal Code, 1860 [Entire Act]
State Of West Bengal & Ors vs Durbar Mahila Samanwaya Committee & Ors on 26 September, 2013
4. It is true that the prayer for transfer of
investigation from State police to C.B.I. can be allowed
only in rare and exceptional circumstances when fair
investigation by State police does not inspire confidence
on account of any external influence or otherwise as held
in State of West Bengal and others vs. Committee for
Protection of Democratic Rights, West Bengal and others1.
There can be no cast iron parameters and whether an
exceptional situation has arisen may be determined by the
Court by taking an overview of the fact situation of a
particular case. In the present case, we do not consider
it necessary to blame the college authorities or the local
police but we are also unable to reject the apprehension of
the petitioner and his prayer for transfer of
investigation. The death of a young girl student has taken
place in mysterious circumstances. According to the
petitioner, the statement of the girl was not recorded even
though it could have been done and thus, truth has not come
out.
Mahmood vs State Of U.P. on 1 October, 1975
“The investigation into a criminal offence must be
free from objectionable features or infirmities
which may legitimately lead to a grievance on the
part of the accused that investigation was unfair
and carried out with an ulterior motive. It is also
the duty of the Investigating Officer to conduct
the investigation avoiding any kind of mischief and
harassment to any of the accused. The Investigating
Officer should be fair and conscious so as to rule
out any possibility of fabrication of evidence and
his impartial conduct must dispel any suspicion as
to its genuineness. The Investigating Officer "is
not to bolster up a prosecution case with such
evidence as may enable the court to record
conviction but to bring out the real unvarnished
truth”. (Vide R.P. Kapur Vs. State of Punjab AIR
1960 SC 866; Jamuna Chaudhary & Ors. Vs. State of
Bihar AIR 1974 SC 1822; and Mahmood Vs. State of
U.P. AIR 1976 SC 69).
Kailash Chandra vs Union Of India on 16 March, 1961
"Ordinarily" excludes "extra-ordinary" or "special
circumstances". (vide: Kailash Chandra Vs. Union of
India AIR 1961 SC 1346; Eicher Tractors Ltd.,
Haryana Vs. Commissioner of Customs, Bombay AIR
2001 SC 196; and State of A.P. Vs. Sarma Rao & Ors.
AIR 2007 SC 137).
M/S Eicher Tractors Ltd., Haryana vs Commissioner Of Customs, Mumbai on 14 November, 2000
"Ordinarily" excludes "extra-ordinary" or "special
circumstances". (vide: Kailash Chandra Vs. Union of
India AIR 1961 SC 1346; Eicher Tractors Ltd.,
Haryana Vs. Commissioner of Customs, Bombay AIR
2001 SC 196; and State of A.P. Vs. Sarma Rao & Ors.
AIR 2007 SC 137).
State Of A.P vs V. Sarma Rao & Ors. Etc. Etc on 10 November, 2006
"Ordinarily" excludes "extra-ordinary" or "special
circumstances". (vide: Kailash Chandra Vs. Union of
India AIR 1961 SC 1346; Eicher Tractors Ltd.,
Haryana Vs. Commissioner of Customs, Bombay AIR
2001 SC 196; and State of A.P. Vs. Sarma Rao & Ors.
AIR 2007 SC 137).
Inder Singh vs State Of Punjab on 15 September, 1994
In Inder Singh v. State of Punjab (1994) 6 SCC 275 this
Court transferred investigation to the CBI even when the
investigation was being monitored by senior officers of the State
Police.