Skip to main content

Court has power to direct further investigation in interest of complete and fair investigation

High Court of Rajasthan

Pinki v. State of Rajasthan and Ors.

MANU/RH/0319/2017

12.05.2017

Criminal

Court has power to direct further investigation in interest of complete and fair investigation

Present criminal misc. petition under Section 482 of Code of Criminal Procedure, 1973 (Cr.P.C.) has been preferred for quashing of FIR registered as well as proceedings in furtherance thereof for offences under Sections 191, 192, 196, 197, 200, 420, 467, 468, 471, 474 and 120B  of Indian Penal Code, 1860 (IPC). Matter pertains to contest of election by Petitioner as a member of Panchayat Samiti, Jaswantpura. It is alleged in FIR that, alongwith nomination paper, a certificate of Gujarat Higher Secondary Education Board, Gandhi Nagar, Examination Wing, Vadodara was submitted by contestant, present petitioner. Petitioner was elected as member of Panchayat Samiti, and thereafter, again filed a nomination paper for election of Pradhan, Panchayat Samiti, Jaswantpura on 07th February, 2015 and also won said election. Complainant raised a dispute regarding Petitioner's age, not being in conformity with Section 19(k) of Rajasthan Panchayati Raj Act, 1994 and also documents submitted by Petitioner to have inconsistency regarding date of birth 2nd July, 1993 in one of document and 2nd July, 1996 in another document. Petitioner drew attention of this Court to orders passed by Court below in application, whereby amendment in date of birth, as sought by Petitioner has been allowed and a Tehrir regarding same has been issued, which is also on record. Petitioner further submitted that, in larger interest of justice, investigating authority should have considered all documents, which have been subsequently produced by Petitioner before investigating authority, even when investigation has been completed.

Apex Court in Pooja Pal Vs. Union of India & Ors., observed that, precedential ordainment against absolute prohibition for assignment for investigation to any impartial agency like CBI, submission of the charge-sheet by normal investigating agency in law notwithstanding, albeit in an exceptional fact situation warranting such initiative, in order to secure a fair, honest and complete investigation and to consolidate the confidence of victim(s) and public in general in justice administering mechanism, is thus unquestionably absolute and hallowed by time. Such a measure however, can by no means be a matter of course or routine but has to be essentially adopted in order to live up to and effectuate salutary objective of guaranteeing an independent and upright mechanism of justice dispensation without fear or favour, by treating all alike.

Petitioner submitted that, in order to secure a fair, honest and complete investigation and to consolidate confidence of victim and public in general in justice administering mechanism, is thus unquestionably permitted to make further investigation in any case on orders of Court. Law laid down by Apex Court in Pooja Pal Vs. Union of India & Ors. applies in present case, as investigation has been completed, but in interest of complete and fair investigation and for enforcement of fundamental rights judged on touchstone of high public interest and paramountcy of rule of law, it would be appropriate to direct investigating authority to consider all documents that have been placed on record by Petitioner. High Court disposed of present petition with a direction to investigating authority to take all documents submitted by petitioner on record, and conduct fair investigation regarding these documents before re-filing of challan before competent court.

Relevant

Pooja Pal vs. Union of India (UOI) and Ors. MANU/SC/0071/2016

Comments

Popular posts from this blog

MACT - Permanent disability - calculate - compensation - Supreme Court - Part 2

1) C. K. Subramonia Iyer vs. T. Kunhikuttan Nair - AIR 1970 SC 376 2) R. D. Hattangadi vs. Pest Control (India) Ltd. - 1995 (1) SCC 551 3) Baker vs. Willoughby - 1970 AC 467 4) Arvind Kumar Mishra v. New India Assurance Co.Ltd. - 2010(10) SCALE 298 5) Yadava Kumar v. D.M., National Insurance Co. Ltd. - 2010 (8) SCALE 567) 5. The heads under which compensation is awarded in personal injury cases are the following : Pecuniary damages (Special Damages) (i) Expenses relating to treatment, hospitalization, medicines, transportation, nourishing food, and miscellaneous expenditure. (ii) Loss of earnings (and other gains) which the injured would have made had he not been injured, comprising : (a) Loss of earning during the period of treatment; (b) Loss of future earnings on account of permanent disability. (iii) Future medical expenses. Non-pecuniary damages (General Damages) (iv) Damages for pain, suffering and trauma as a consequence of the injuries. (v) Loss of amen

Distinction between “Loss to the Estate” and “Loss of Estate”

A subtle but fundamental distinction between “Loss of Estate” and “Loss to the Estate” was discussed in Omana P.K. and others v. Francis Edwin and others (2011 (4) KLT 952). This Judgment was challenged before the Apex Court, which has now dismissed the Appeal. The question raised in this case, was whether a certain sum which the dependants received as compensation for untimely death of Judgment debtor in a motor accident is attachable in Execution Proceedings. In this case, Justice Thomas P. Joseph speaking for the Kerala High Court had held the following (relying on The Chairman, A.P.S.R.T.C, Hyderabad vs. Smt. Shafiya Khatoon and Others) Capitalized value of the income spent on the dependents, subject to relevant deductions, is the pecuniary loss sustained by the members of his family through his death. The capitalized value of his income, subject to relevant deductions, would be the loss caused to the estate by his death. In other words, what amount the dependents would have got le

Full & Final payment - No dues certificate - end of contract

Whether after the contract comes to an end by completion of the contract work and acceptance of the final bill in full and final satisfaction and after issuance a `No Due Certificate' by the contractor Supreme Court of India Supreme Court of India R.L. Kalathia & Co. vs State Of Gujarat on 14 January, 2011 Author: P Sathasivam Bench: P. Sathasivam, B.S. Chauhan IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 3245 OF 2003 R.L. Kalathia & Co Appellant(s) Versus State of Gujarat .... Respondent(s) JUDGMENT P. Sathasivam, J. 1) This appeal is directed against the judgment and final order dated 07.10.2002 passed by the Division Bench of the High Court of Gujarat whereby the High Court set aside the judgment and decree dated 14.12.1982 passed by the Civil Judge, (S.D.), Jamnagar directing the State Government to pay a sum of Rs.2,27,758/- with costs and interest and dismissed the Civil Suit as well as cross objections filed by the a