Registrar Has No Power To Cancel Registered Sale Deeds: Madras High Court Reaffirms Civil Court’s Exclusive Jurisdiction MP High Court Refuses to Quash FIR Against Principal of Sacred Heart Convent High School in Forced Conversion Case Employees Of Registered Societies Cannot Claim Article 311 Protection: Delhi High Court Clarifies Limits Of Constitutional Safeguards In Private Employment Maintenance Cannot Be Doubled Without Cogent Reasons, Wife's Education And Earning Capacity Relevant Factors: Gujarat High Court A Foreign Award Must First Be "Recognised" Before It Becomes A Decree: Bombay High Court A Registered Will Does Not Become Genuine Merely Because It Is Registered: Andhra Pradesh High Court Rejects Suspicious Testament Compensation Under Railways Act Requires Proof of Bona Fide Passenger – Mere GRP Entry and Medical Records Cannot Establish ‘Untoward Incident’: Delhi High Court Tenancy Rights Cannot Be Bequeathed By Will: Himachal Pradesh High Court Declares Mutation Based On Tenant’s Will Void Preventive Detention Cannot Be Based On Mere Apprehension of Bail: Delhi High Court Quashes PITNDPS Detention Order Probate Court Alone Has Exclusive Jurisdiction To Decide Validity Of Will – Probate Petition Cannot Be Rejected Merely Because A Civil Suit Is Pending: Allahabad High Court PwD Candidates Cannot Be Denied Appointment After Selection; Authorities Must Accommodate Them In Suitable Posts: Supreme Court Directs SSC And CAG To Appoint Candidates With Disabilities When Registered Partition Deed Exists, Plea Of Prior Oral Partition Cannot Override It:  Madras High Court Dismisses Second Appeal Municipal Bodies Cannot Demand Character Verification Of Residents: Calcutta High Court Strikes Down Surveillance Condition In Building Sanction State Cannot Exploit Contractual Workers For Perennial Work: Punjab & Haryana High Court Grants Pay Parity To PUNBUS Drivers And Conductors Police Inputs Cannot Create New Building Laws: Calcutta High Court Strikes Down Security-Based Conditions Near Nabanna 'Raising A Child As Daughter Does Not Make Her An Adopted Child': Punjab & Haryana High Court Once Leave Under Section 80(2) CPC Is Granted, Prior Notice to Government Is Not Mandatory: Orissa High Court Restores Trial Court Decree State Cannot Use Article 226 To Evade Compliance With Court Orders: Gauhati High Court Dismisses Union’s Petition With Costs ED Officers Accused Of Assault By ₹23-Crore Scam Accused – FIR Survives But Probe Shifted To CBI: Jharkhand High Court High Courts Should Not Interfere In Academic Integrity Proceedings At Preliminary Stage: Kerala High Court Power Of Attorney Holder With Personal Knowledge Can Depose In Cheque Bounce Cases: Kerala High Court Sets Aside Acquittal Agreement Cannot Dissolve Hindu Marriage, But Can Prove Mutual Separation”: J&K & Ladakh High Court Denies Maintenance

In a Gang Rape Case Delhi High Court Denies Transfer of Case to CBI

07 May 2024 8:19 AM

By: Admin


In a significant judgment delivered by the High Court of Delhi, Justice Amit Bansal dismissed a petition seeking the transfer of an investigation to the Central Bureau of Investigation (CBI). The case, involving allegations of assault, gang rape, and the death of the petitioner's mother, has been a subject of legal scrutiny for its complexities and the sensitivity of the allegations.

Justice Bansal, in his judgment delivered on January 4, 2024, meticulously addressed the petition filed by Manish Chadha, a qualified lawyer appearing in person. Chadha sought a transfer of the investigation of FIR No.440/2020, under Sections 308/34 of the Indian Penal Code (IPC), to the CBI or any other quasi-judicial body.

The Court, after thorough consideration of the facts and arguments presented, concurred with the findings and directions of the trial court. Justice Bansal stated, “The trial court's comprehensive review of the investigation, including allegations of gang rape, cause of death, and theft, led to additional directions for further investigation and filing of a supplementary chargesheet.” He further emphasized that "an overall analysis of the aforesaid order passed by the Trial Court would show that wherever the Trial Court was not satisfied with the investigation carried out, it has directed further investigation or sought an explanation from the investigating agency.”

In his analysis, Justice Bansal referred to various Supreme Court precedents, underlining the principle that directing investigations to the CBI is an extraordinary power, to be exercised sparingly and in exceptional situations. He cited notable cases such as State of West Bengal And Ors. v. Committee for Protection of Democratic Rights, West Bengal and Ors. and Sakiri Vasu v. State of Uttar Pradesh And Ors., to reinforce this legal standpoint.

The judgment also acknowledged the role of the Amicus Curiae, Mr. Vikas Pahwa, Senior Advocate, whose expertise in criminal law was pivotal in assisting the Court.

High Court found no merit in the petitioner’s allegations of police collusion with the accused persons or inadequacy in the investigation. As a result, the petition for the transfer of the investigation was dismissed, supporting the trial court’s capability to handle the complexities of the case with due diligence.

Date of Decision: January 4, 2024

MANISH CHADHA VS STATE GOVT OF NCT AND ORS

 

Latest Legal News