DGP Has No Power To Order Further Investigation That Too By Transferring Probe From One Agency To Another: Madras High Court
9 months, 3 weeks ago

DGP Has No Power To Order Further Investigation That Too By Transferring Probe From One Agency To Another: Madras High Court

Live Law  

The Madras High Court recently set aside an order of the Director General of Police transferring the investigation in a case from the state police to the Crime Branch of CID. The court further said that the CBCID could only continue with the investigation carried on by the State police and file a supplementary report and ought not to have conducted a fresh investigation. The court thus quashed the final report submitted by the Investigating Officer of the CB-CID and recalled an earlier of the High Court dismissing a challenge to the transfer of investigation. The court directed the trial court to proceed with the trial based on the cognizance taken on the final report filed by the State police, Counsel for the Petitioner: Mr.Devadatt Kamat, Senior Counsel for Mr.E.K.Kumaresan, Mr.R.John Sathyan, Senior Counsel for Mr.C.V.Shailandharan Counsel for the Respondents: Mr.A.Gopinath, Government Advocate Citation: 2024 LiveLaw 86 Case Title: S Lakshmipathy v The State and Others Case No: CRL.O.P.No.7122 of 2023

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History of this topic

Supreme Court Expresses Disinclination To Stay Karnataka Lokayukta Investigation In DK Shivakumar Disproportionate Assets Case
1 week ago

Supreme Court Expresses Disinclination To Stay Karnataka Lokayukta Investigation In DK Shivakumar Disproportionate Assets Case

Live Law  

In pleas challenging withdrawal of consent accorded by Karnataka government for CBI to prosecute Congress leader and Deputy CM DK Shivakumar in a disproportionate assets case, the Supreme Court today expressed disinclination to pass any interim order regarding ongoing investigation by Karnataka Lokayukta.A bench of Justices Surya Kant and Ujjal Bhuyan heard the matter, arising out of. In pleas challenging …

Madras High Court Stays Single Judge Order Directing CBI Probe Into Alleged Illegal Sale Of Church Property
3 weeks, 5 days ago

Madras High Court Stays Single Judge Order Directing CBI Probe Into Alleged Illegal Sale Of Church Property

Live Law  

A division bench of the Madras High Court has stayed a single judge order directing the Central Bureau of Investigation to probe into the alleged illegal sale of a church property to private persons. While ordering CBI probe, the Single Judge had noted that the CSI had illegally transferred the land which was originally a Government Land assigned to the …

Supreme Court Transfers Trial Pending Against Choreographer Remo D'Souza In 2016 Cheating Case From UP To Delhi
1 month ago

Supreme Court Transfers Trial Pending Against Choreographer Remo D'Souza In 2016 Cheating Case From UP To Delhi

Live Law  

The Supreme Court today transferred the trial in a 2016 cheating case pending against choreographer and film director Remo D'Souza from Ghaziabad, Uttar Pradesh to Delhi.A bench of Justices Surya Kant and Ujjal Bhuyan passed the order, partly allowing the appeal filed by D'Souza against an Allahabad High Court order, whereby his plea to quash the criminal proceedings was dismissed. …

Punjab & Haryana High Court Quashes Order To Lodge FIR Against Police Officer For Faulty Investigation, Cites Non-Compliance Of HC Rules
4 months, 3 weeks ago

Punjab & Haryana High Court Quashes Order To Lodge FIR Against Police Officer For Faulty Investigation, Cites Non-Compliance Of HC Rules

Live Law  

The Punjab and Haryana High Court has quashed the direction of a trial court to file case against a Police Officer who allegedly conducted faulty investigation in a criminal intimidation case.Trial Court had, while acquitting the accused persons in the case, said that an unfair and faulty investigation was conducted by both the investigating officers and the SHO concerned, thereby …

Allahabad HC Pulls Up Dy. Commissioner Of Police For Directing Further Investigation In A Case Sans Magistrate's Nod, Seeks Explanation
6 months, 1 week ago

Allahabad HC Pulls Up Dy. Commissioner Of Police For Directing Further Investigation In A Case Sans Magistrate's Nod, Seeks Explanation

Live Law  

The Allahabad High Court last week pulled up the Deputy Commissioner of Police, Central NOIDA, Gautambudh Nagar, for directing a further investigation in a criminal case, in which a chargesheet had already been filed and cognizance taken, without obtaining the leave of the concerned Magistrate. Challenging the order of the Deputy Commissioner of Police as well as the further investigation …

Madras HC upholds three-year jail for ex-DGP in sexual harassment case
10 months, 1 week ago

Madras HC upholds three-year jail for ex-DGP in sexual harassment case

New Indian Express  

VILLUPURAM/CHENNAI: Madras High Court on Monday refused to stay the order passed by the Villupuram Principal Sessions Court earlier during the day, upholding the conviction and three-year sentence of former special DGP Rajesh Das in a sexual harassment case. On Monday, Villupuram Principal Sessions Judge R Poornima dismissed the appeal filed by Das against his conviction in a sexual harassment …

Orders Passed Under S.194 CrPC Purely Administrative, Cannot Be Questioned Unless Apparently Illegal: Madras High Court
1 year ago

Orders Passed Under S.194 CrPC Purely Administrative, Cannot Be Questioned Unless Apparently Illegal: Madras High Court

Live Law  

The Madras High Court recently observed that the orders passed under Section 194 of the Code of Criminal Procedure are purely administrative in nature and cannot be challenged unless they are apparently illegal and passed without any application of mind. Justice G Ilangovan of the Madurai bench dismissed a plea preferred by an accused seeking for transfer of his trial …

Supreme Court Upholds Order Of Madras High Court Granting Bail To Lawyer Arrested Under UAPA By NIA For Alleged Links With PFI
1 year, 2 months ago

Supreme Court Upholds Order Of Madras High Court Granting Bail To Lawyer Arrested Under UAPA By NIA For Alleged Links With PFI

Live Law  

The Supreme Court on Tuesday upheld the order of the Madras High Court granting bail to Mohammad Abbas, a Madurai based lawyer who was arrested by the National Investigation Agency under the Unlawful Activities Prevention Act for his alleged links with the banned Popular Front of India organization.A bench of Justice Abhay S Oka and Justice Pankaj Mithal while confirming. …

'Shocking bid to manipulate justice system': Madras High Court on Ponmudy's acquittal
1 year, 4 months ago

'Shocking bid to manipulate justice system': Madras High Court on Ponmudy's acquittal

India Today  

In an exceptional move, the Madras High Court has decided to suo motu take up the revision of the acquittal of Tamil Nadu Minister K Ponmudy and his wife in a disproportionate assets case. Along with refusal to grant permission, the High Court injuncted the Principal District Judge, Viluppuram, directing her not to take up the case until further orders. …

High Court sets aside order for CBI probe into 'tampering' with panchayat poll nomination papers
1 year, 5 months ago

High Court sets aside order for CBI probe into 'tampering' with panchayat poll nomination papers

India Today  

A division bench of the Calcutta High Court on Monday rejected the order for a Central Bureau of Investigation investigation against the accused Block Development Officer. The division bench, led by Justice Arijit Banerjee and Justice Apurba Sinha Roy, set aside the single bench's order for a CBI probe and instead directed the West Bengal Police to initiate an investigation …

Madras High Court deplores practice of police personnel, with no knowledge of a case, being sent to court to assist prosecutors
1 year, 6 months ago

Madras High Court deplores practice of police personnel, with no knowledge of a case, being sent to court to assist prosecutors

The Hindu  

The Madras High Court has directed State Public Prosecutor Hasan Mohamed Jinnah to coordinate with the Director-General of Police and ensure that only police personnel with sufficient knowledge about individual cases are sent to court when those cases are heard, in order to provide effective assistance to the prosecution. Justice A.D. Jagadish Chandira disapproved the practice of police personnel, with …

Supreme Court paves way for probe to continue against T.N. Minister Senthilbalaji, allows ED to initiate proceedings
1 year, 7 months ago

Supreme Court paves way for probe to continue against T.N. Minister Senthilbalaji, allows ED to initiate proceedings

The Hindu  

The Supreme Court on May 16 paved the way for the Crime Branch investigation to continue against Tamil Nadu Minister V. Senthilbalaji, who is accused of taking bribes in exchange for jobs in the Metro Transport Corporation. A Bench of Justices Krishna Murari and V. Ramasubramanian set aside a Madras High Court order of October 31 last year, directing de …

Apex court to decide on MP Avinash Reddy's bail cancellation
1 year, 8 months ago

Apex court to decide on MP Avinash Reddy's bail cancellation

Deccan Chronicle  

Anantapur: A tense political situation gripped Kadapa and adjoining Andhra Pradesh districts ahead of a Supreme Court decision on a petition challenging the Telangana High Court order preventing MP Y.S. In the course of the case investigation, the case has been transferred from the police to the Central Bureau of Investigation, with the matter moving from a Kadapa court to …

Madras High Court Extends Interim Stay On ED Probe Against Tamil Nadu Minister Anitha Radhakrishnan
2 years ago

Madras High Court Extends Interim Stay On ED Probe Against Tamil Nadu Minister Anitha Radhakrishnan

Live Law  

Observing that substantial legal issues have been raised in the matter, the Madras High Court recently extended the interim stay on the Enforcement Directorate probe against Tamil Nadu Fisheries Minister Anitha Radhakrishnan till further orders.The division bench of Justice PN Prakash and Justice Anand Venkatesh noted that one of the judges is retiring shortly and it will not. Observing that …

DGP Entertaining 'Mercy Petitions' Against Departmental Action Is Unconstitutional: Madras High Court
2 years, 1 month ago

DGP Entertaining 'Mercy Petitions' Against Departmental Action Is Unconstitutional: Madras High Court

Live Law  

The Madras High Court recently observed that the power to entertain mercy petition of any convicted person under any law to which the executive power of the State extends is only available to the Governor of the State. Thus, the office of the Director General of Police has no statutory power to entertain mercy petitions against orders passed in departmental …

Madras High Court Quashes NDPS Proceedings After Authorities Fail To Test Contraband Even After 5 Years
2 years, 2 months ago

Madras High Court Quashes NDPS Proceedings After Authorities Fail To Test Contraband Even After 5 Years

Live Law  

The Madras High Court recently quashed FIR against a man booked under the Narcotics and Psychotropic Substances Act 1985 for possessing ganja after observing that there were serious lapses on the part of the investigating officer. When a previous application was filed to quash the FIR alleging that the case was false, the court was informed that the police had …

"Domain Of Disciplinary Authority": Delhi HC Stays Trial Court Order Recommending SHO's Suspension Over Poor Conduct In POCSO Case
2 years, 3 months ago

"Domain Of Disciplinary Authority": Delhi HC Stays Trial Court Order Recommending SHO's Suspension Over Poor Conduct In POCSO Case

Live Law  

The Delhi High Court has stayed a Trial Court order recommending suspension of SHO of Kalkaji Police Station and also calling for strict disciplinary action against him, over his non appearance and failure to produce victim in a case registered under Protection of Children from Sexual Offences Act.Justice Anoop Kumar Mendiratta stayed the order till November 25, observing that. The …

Court Cannot Order Registration Of FIR Against Investigating Officer U/S 218 IPC Sans Inquiry: Gujarat High Court
2 years, 3 months ago

Court Cannot Order Registration Of FIR Against Investigating Officer U/S 218 IPC Sans Inquiry: Gujarat High Court

Live Law  

The Gujarat High Court has clarified that offences under Sections 218 and 219 of the IPC which pertain to a public servant framing incorrect records for saving a person from punishment and making reports in a corrupt manner, cannot be invoked without initiation of inquiry or in absence of any evidence. The Single Judge Bench was hearing a petition by …

Order For CBI Probe Takes Away Right Of Police To Discharge Their Statutory Duties, Should Not Be Passed In Routine: Calcutta High Court
2 years, 4 months ago

Order For CBI Probe Takes Away Right Of Police To Discharge Their Statutory Duties, Should Not Be Passed In Routine: Calcutta High Court

Live Law  

The Calcutta High Court's circuit bench at Jalpaiguri has "unconditionally" stayed a single bench order directing the Central Bureau of Investigation to probe into alleged irregularities in transfer of a government school teacher.A bench consisting a bench of Justices Bivas Pattanayak and Ravi Krishan Kapur observed that orders or directions on the CBI to conduct an investigation are not to. …

'Misleading The Court': Calcutta HC Directs WB DGP To Initiate Departmental Proceedings Against Police Officers, Orders CID Probe
2 years, 7 months ago

'Misleading The Court': Calcutta HC Directs WB DGP To Initiate Departmental Proceedings Against Police Officers, Orders CID Probe

Live Law  

The Calcutta High Court on Tuesday directed the Director General of Police, West Bengal to initiate departmental proceedings against concerned police officers for misleading the Court and further handed over the investigation to the Criminal Investigation Department, West Bengal. The Court on Tuesday took on record the report dated April 19 filed by the Additional Superintendent of Police, Zonal, Baruipur …

Calcutta HC Orders Transfer of Probe into Birbhum Explosions to NIA
2 years, 8 months ago

Calcutta HC Orders Transfer of Probe into Birbhum Explosions to NIA

News 18  

Calcutta High Court has ordered transfer of investigation into explosions in Birbhum district to the NIA from the state CID holding that the central agency has precedence in the investigation of scheduled offence. Vacating an earlier stay by a single bench of the HC in the NIA probe, a division bench comprising Justices Joymalya Bagchi and Bivas Pattanayak in an …

Supreme Court allows CBI to probe death of 17-year-old girl in Thanjavur
2 years, 10 months ago

Supreme Court allows CBI to probe death of 17-year-old girl in Thanjavur

Deccan Chronicle  

New Delhi: The Supreme Court on Monday allowed the CBI to proceed with the probe into the suicide of a 17-year-old girl in Thanjavur who was allegedly coerced to convert to Christianity. A bench of Justices Sanjiv Khanna and Bela M Trivedi issued notice on the appeal filed by the Tamil Nadu DGP challenging the Madras High Court order. The …

Thanjavur Girl Suicide : Tamil Nadu DGP Approaches Supreme Court Against Madras HC Direction For CBI Probe
2 years, 10 months ago

Thanjavur Girl Suicide : Tamil Nadu DGP Approaches Supreme Court Against Madras HC Direction For CBI Probe

Live Law  

The Director-General of Police of Tamil Nadu has approached the Supreme Court against the order of the Madras High Court which transferred the investigation in the case relating to the suicide of a girl in Thanjavur to the Central Bureau of Investigation. The High Court, in its January 31 order, had ordered by the CBI probe after taking a critical …

Supreme Court Refuses To Interfere With Allahabad High Court's Order For CBI Probe Into A 'Custodial Death' Case
3 years, 1 month ago

Supreme Court Refuses To Interfere With Allahabad High Court's Order For CBI Probe Into A 'Custodial Death' Case

Live Law  

The Supreme Court recently refused to interfere with an order of the Allahabad High Court transferring the probe into the alleged custodial death of a 24-year-old man to the Central Bureau of Investigation.The Bench of Justice Vineet Saran and Justice Aniruddha Bose dismissed the plea filed by the Uttar Pradesh authorities against the High Court's September. The Supreme Court recently …

Supreme Court Refuses To Grant Protection From Arrest To Former TMC Leader Vinay Mishra Accused In Cattle & Coal Smuggling Cases
3 years, 3 months ago

Supreme Court Refuses To Grant Protection From Arrest To Former TMC Leader Vinay Mishra Accused In Cattle & Coal Smuggling Cases

Live Law  

The Supreme Court today refused to grant protection from arrest to former TMC Leader Vinay Mishra against whom an investigation by the Central Bureau of Investigation is ongoing in the cattle and coal smuggling cases. While issuing notice in the Special Leave Petition filed against the Calcutta High Court order, the bench of Justices DY Chandrachud, MR Shah and Hima …

Allahabad HC Directs UP DGP To Train Officers On Manner Of Conducting Investigations In View Of SC's Prakash Singh Ruling
3 years, 3 months ago

Allahabad HC Directs UP DGP To Train Officers On Manner Of Conducting Investigations In View Of SC's Prakash Singh Ruling

Live Law  

The Allahabad High Court recently directed the Director General of Police, U.P. Besides this, the Director-General of UP Police has also been directed to submit the first report before the Registrar General before the expiry of three months as to the steps taken from rendering training on the aspect of the investigation to all the Investigating Officers posted in the …

Suspended IPS Officer Moves Supreme Court Seeking Transfer Of Sexual Harassment Case Out Of Tamil Nadu
3 years, 4 months ago

Suspended IPS Officer Moves Supreme Court Seeking Transfer Of Sexual Harassment Case Out Of Tamil Nadu

Live Law  

The Supreme Court on Friday adjourned the plea filed by a suspended Indian Police Service officer of Tamil Nadu Police seeking transfer of the trial of a sexual harassment case against him out of Tamil Nadu on the ground that the series of orders passed by the Madras High Court against him had prejudiced his chances for a fair trial. …

Ex Judge Moves SC Against Andhra Pradesh HC Order for Probe into His Phone Conversation
4 years ago

Ex Judge Moves SC Against Andhra Pradesh HC Order for Probe into His Phone Conversation

News 18  

A former Andhra Pradesh High Court judge has moved the Supreme Court against an order of the High Court directing a probe into an alleged phone conversation between him and a suspended trial court magistrate. The petition filed through lawyer Prashant Bhushan said that the special leave petition has been filed against the August 13 order of the Andhra Pradesh …

Supreme Court Issues Notice On Andhra Govt's Plea Against HC Order Staying SIT Probe In Amaravati Land Case
4 years, 1 month ago

Supreme Court Issues Notice On Andhra Govt's Plea Against HC Order Staying SIT Probe In Amaravati Land Case

Live Law  

The Supreme Court on Thursday issued notice on the appeal by Andhra Pradesh Government challenging stay granted by Andhra Pradesh HC of the SIT probe, into alleged irregularities into projects started by the previous TDP govt, including land acquisition in Amaravati.A bench of Justices Ashok Bhushan, MR Shah & Subhash Reddy also issued notice on the plea seeking revival of …

[Breaking] Andhra Pradesh Govt. Moves SC Challenging AP HC's Stay Of FIR and Gag Order In Amaravati Land Case.
4 years, 3 months ago

[Breaking] Andhra Pradesh Govt. Moves SC Challenging AP HC's Stay Of FIR and Gag Order In Amaravati Land Case.

Live Law  

Andhra Pradesh Government has moved the Supreme Court against High Court Order restraining any media reporting as to the FIR registered by the Anti-Corruption Bureau alleging corruption and illegal land transactions in relation to the shift of the capital to Amaravti following the bifurcation of the erstwhile state of Andhra Pradesh in 2014.On September 16, the Andhra Pradesh High Court. …

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