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LAWYER GANESH MALUR (Junior Lawyer)     15 June 2010

Can High Court direct the CBI for investigation?

Dear Learned Members,

Please let me know

Whether the High Court, in exercise of its jurisdiction under Article 226 of the Constitution of India, can direct the Central Bureau of Investigation (CBI), to investigate a cognizable offence.

If you know any judgments releated to this issue kindly post here.

Regards,

LAWYER GANESH MALUR



 8 Replies

Arup (UNEMPLOYED)     15 June 2010

yes hc has the power, but it used rearly.

judgement not necessary.

this power provides within the art 226. it is inherent power.

rizwan case of calcutta is one best example. some more cases are there.

go ahead with your prayer.

ravi shankar sharma (advocate)     15 June 2010

dear ganesh,

certainly yes, Highcourt has got the extraoridinary jurisdiction to deal with the matters diffrently for the sake of justice to common people only after being satisfied with the compelling circumstances in the matter at their hand but not ordinarily in routine some sort of substantial cause must be present in the matter before HC.

LAWYER GANESH MALUR (Junior Lawyer)     15 June 2010

Thank you so much Mr.Gupta sir and Sharma sir for your valuable advise.

N.K.Assumi (Advocate)     15 June 2010

Refer the famous "Jain Diaries" case as reported in 1997-(010)-SUPREME-0656-SC, the power of CBI its genesis is enuciated in that case.

Basavaraj (Asst, Manager-Legal)     16 June 2010

Dear Mr.Ganesh

Recent SC Judgment for you. Please go through it.

 Full bench judgment

in State of west Bengal and other V/s Committe for Protection Democarte Rights, West Bengal & others.

 

Decided on 17-02-2010

 

Regads

BASAVARAJ.R

 

 

 

 

LAWYER GANESH MALUR (Junior Lawyer)     16 June 2010

Dear Mr.Basavaraj, sir thank you for advise. I have gone though the judgmnet given you it verly celar thanks once more.

N.K.Assumi (Advocate)     16 June 2010

I would also like to thank Mr.Basavaraj, for the Classic judgment of the Supreme Court.

tajen dabi (Teaching)     19 June 2010

can a HC permanent bench do the same? 


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