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1 - 10 of 21 (0.51 seconds)State Of Bihar And Anr vs J.A.C. Saldanha And Ors on 13 November, 1979
Also, the
State Government is competent to direct the Inspector
General, Vigilance to take over the investigation of a
cognizable offence registered at a police station vide State
of Bihar v. A.C. Saldanna (supra)."
Article 14 in Constitution of India [Constitution]
Section 36 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
The Code of Criminal Procedure, 1973
Central Bureau Of Investigation ... vs State Of Rajasthan And Another on 19 January, 2001
30. It may be further mentioned that in view of Section
36 Cr.P.C. if a person is aggrieved that a proper
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investigation has not been made by the officer in charge
of the concerned police station, such aggrieved person can
approach the Superintendent of Police or other police
officer superior in rank to the officer in charge of the
police station and such superior officer can, if he so
wishes, do the investigation vide CBI v. State of
Rajasthan and another, 2001(3) SCC 333 (vide para 11);
R.P. Kapur v. S.P. Singh, AIR 1961 SC 1117 etc.
Amar Nath Chaubey vs Union Of India on 14 December, 2020
Paragraph '11' &
'12' of the judgment of the Hon'ble Supreme Court in Amar
Nath Choubey (supra) are being quoted hereunder for a ready
reference:
Manohar Lal Sharma vs Union Of India on 27 October, 2021
39. ... In the rare and compelling circumstances referred
to above, the superior courts may monitor an
investigation to ensure that the investigating agency
conducts the investigation in a free, fair and time bound
manner without any external interference."
Hussainara Khatoon & Ors vs Home Secretary, State Of Bihar, Govt. Of ... on 12 February, 1979
The
Hon'ble Supreme Court has in so many words held in the case
of Hussainara Khatoon (supra) that the State is under
constitutional mandate to ensure a speedy trial and whatever is
necessary for this purpose has to be done by the State. Positive
action such as augmenting and strengthening the investigating
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machinery, setting up new courts, building, building new court
houses, providing more staff and equipments to the courts,
appointment of additional judges and other measures have been
mentioned as part of those measures which would be necessary
to ensure speedy trial.