Yet again in Criminal Case, Punjab and Haryana High Court Directed CBI probe owing to Police Failure.

In this case body of Realtor Anil Kumar was found with bullets inside on January, 2023 and even after 1 year of investigation, Haryana Gurgaon Police failed to conclude the case and founded no accused for the murder so far.

That lead to manifest failure of justice in the hands of Haryana Police.

Even right to fair trial is for both accused and victim including society at large, says High Court.  Now CBI is given four months to complete the probe and conclude the investigation.

This is inspite of the fact that accused were already named in the said FIR along with strong motive for the murder, but still the Haryana Police authorities were unable to connect the dots.  Now the investigation in the FIR No. 0049 dated Jan 28, 2023 is handed over to CBI for fair trial and investigation.

Also Read- CASE TRANSFER TO CBI BY HIGH COURT CHANDIGARH

The High Court can order a CBI probe in cases where it finds that there are serious allegations of corruption, misconduct, or other criminal activities by public officials or private individuals that cannot be effectively investigated by state agencies. The court may also order a CBI probe if it believes that the state agencies are unable or unwilling to conduct a fair and impartial investigation. Additionally, the High Court may order a CBI probe if it believes that a case of national importance or a case with inter-state ramifications warrants the involvement of the central agency. Ultimately, the decision to order a CBI probe rests with the High Court and is based on the specific facts and circumstances of each case.

 Also Read- Case for CBI Probe in Chandigarh High Court

Now from the website of CBI, in three circumstances, these request can be entertained by CBI for taking up the matter:

(i) The concerned State Government makes a request to that effect and the Central Government agrees to it (Central Government generally seeks comment of CBI before deciding upon the request of the State) (ii) The State Government issues notification of consent under section 6 of the DSPE Act and the Central Government issues notification under section 5 of the DSPE Act (iii) The Supreme Court or High Courts orders CBI to take up such investigations

This story is a news snippet from Times of India. You might read the original story here.

On various occasion previously also, Punjab Haryana High Court has ordered investigation to CBI whenever the police authorities have failed to meet the ends of justice. Read below stories to know more:

1 HC orders CBI probe into ‘link of lower court judge with Zirakpur land scam

2 Read High Court judgment in CWP 17459 of 2019  in very infamous case of Behbal Kalan and Kotkapura.

3 Punjab and Haryana HC issues notice on plea seeking CBI probe into irrigation scam

4 Latest Important judgments by Punjab and Haryana High Court.

5 High court quashes petition for CBI probe into fake encounters

Another blog where it is very nicely explained what kind of cases can be taken up by CBI is thelawblog.in written by Harshit Sharma on CBI at Work – How CBI takes up Investigation. You might read his blog here as well.

There are various criteria that High Courts consider when ordering a Central Bureau of Investigation (CBI) probe. Some of the common criteria include:

1. Seriousness of the allegations: High Courts typically order a CBI probe when the allegations involve serious crimes such as corruption, fraud, human rights violations, or other grave offenses.

2. Credibility of the investigation: If the High Court is not satisfied with the investigation conducted by the state police or other agencies, it may order a CBI probe to ensure a fair and impartial investigation.

Also Read- DIRECTION PETITION IN HIGH COURT CHANDIGARH FOR SPEEDY TRIAL

3. Lack of progress in the investigation: If the High Court finds that the state police or other agencies have not made any significant progress in the investigation, it may order a CBI probe to expedite the process.

4. Complexity of the case: High Courts may order a CBI probe if the case involves multiple jurisdictions, high-profile individuals, or complex financial transactions that require specialized expertise.

5. Conflict of interest: If there are allegations of bias or interference in the investigation by local authorities or political influences, the High Court may order a CBI probe to ensure that justice is served impartially.

Ultimately, the decision to order a CBI probe rests with the High Court, and it considers various factors based on the specific circumstances of each case.

Hope this posts help.

For Case Specific Advice, please connect with Top Criminal lawyers of High Court Punjab Haryana Chandigarh.

More on 99888-17966.