been arrested and with an
intention to manipulate the things, tainted investigation is
being done, whereas in the medical examination of the
applicant, gunshot injuries ... malafide
investigation by the police authorities, it was specifically
mentioned that tainted investigation is being done by Sudhir
Singh Kushwah. Since, the applicant has already
interfere
with the investigation as the investigation is the
prerogative/domain of police. The Court cannot supervise the
investigation and cannot issue directions ... person
in jeopardy or the investigation is not bona fide or the
investigation is tainted being biased or mala fide. Thus, in
nutshell, where allegations
accused which includes fair investigation. He submitted that the investigation of the present case is unfair, tainted, malafide and biased on account of political consideration ... Babu Bhai 's case (Supra) in para-44 that the tainted investigation cannot give right to a valid charge-sheet. Thus in the present
deliberate delay in registering
the first information and also render the investigation
tainted giving room to a greater suspicion that the FIR
is registered against ... fair
investigation into the commission of offence by the
police and if the investigation is fair, it cannot be termed
'tainted'. The significance
investigation prior to
the registration of the FIR. The FIR was lodged after an inordinate
delay. It is argued that the investigation is tainted ... TAINTED INVESTIGATION
37. A major thrust of the argument of ld. counsel for the
accused is that the investigation in this case is tainted
appears that earlier every attempt was
being made to conduct a tainted investigation
and after the receipt of X-ray report of the
injured ... were not conducting free and fair
investigation and the entire investigation was
tainted with a pre conceived notion that the
F.I.R. is false
status of the
accused or the complainant, as a tainted investigation definitely
leads to the miscarriage of criminal justice, and thus deprives ... aside the conviction of the accused merely on
the ground of tainted investigation.
15. This Court in Dayal Singh & Ors. v. State of Uttaranchal
when can courts direct fresh investigation. As observed in this
case, ordinarily further investigation and not reinvestigation or fresh
investigation is permissible. Emphasizing that ... that the court would direct de
novo investigation to prevent the miscarriage of justice, if
investigation is tainted and biased, suffers from irregularities
nothing on record to prove that he had conducted a
tainted investigation. The Trial Judge relied inter alia on the depositions of DW1 and
PW20 ... perfunctory manner of trial conducted on the
basis of tainted investigation a retrial is a must and essentially
called for in order to save
Pradeep @ Sanjay & Anr. vs State (Nct Of Delhi) on 2 May, 2011
Author: G
