Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India 1950-Article 226 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Constitution of India, 1950 - Article 226 - Writ Petition - Seeking investigation by CBI - Of a case, investigation whereof already conducted by railway Police and Army authorities - Maintainability of - Held: Not maintainable - An aggrieved person has no right to claim investigation of a case by any particular agency of his choice - He can only claim proper investigation - Alternative remedy of approaching u/ss. 36, 154(3), 156(3) and 200 Cr.P.C. is available to the person, if his FIR is not registered by the police - Availability of alternative remedy is not an absolute bar to a writ petition - But if available, High Court should not ordinarily interfere - Supreme Court and High Court also have power under Article 136 or Article 226 of the Constitution to order investigation by the CBI - But that should be done only in rare and exceptional case - Code of Criminal Procedure, 1973 - ss. 36, 154(3),156(3), 200 and 482 - Constitution of India, 1950 - Article 136.Code of Criminal Procedure, 1973 - s. 156(3) - Power under - Of Magistrate - Scope of - Discussed.Doctrines/Principles - Doctrine of implied power.The son of the appellant was an Officer in the Indian Army. His dead body was found at Mathura Railway Station. G.R.P. investigated the matter and gave its report stating that the death was caused due to accident or suicide. Army officials held a Court of Inquiry. It was concluded therein that the deceased had committed suicide at the railway track. The appellant made a representation to the Chief of the Army Staff alleging that it was a case of murder and not suicide. As a result another Court of Inquiry was held. Wherein it was concluded that it was a case of suicide.The appellant then filed a writ petition, seeking direction that the matter be ordered to be investigated the Central Bureau of Investigation. The petition was dismissed. Hence the present appeal. |
Judge | Hon'ble Mr. Justice Markandey Katju |
Neutral Citation | 2007 INSC 1243 |
Petitioner | Sakiri Vasu |
Respondent | State Of U.p. And Ors. |
SCR | [2007] 12 S.C.R. 1100 |
Judgement Date | 2007-12-07 |
Case Number | 1685 |
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