TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
When case Id is present, search is done only for this
of 
of 
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of of 
All Case Laws
of of All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of <h1>Writ petition dismissed for failure to exhaust remedies & lack of evidence.</h1> <h3>MICHAEL VARGHESE Versus HONOURABLE SHRI PINARAYI VIJAYAN, CHIEF MINISTER OF KERALA, TRIVANDRUM, SHRI M. SHIVSHANKARAN, IAS, STATE OF KERALA, THE SECRETARY IN THE DEPARTMENT OF INFORMATION TECHNOLOGY, SWAPNA SURESH, PRICE WATER HOUSE COOPER PVT LTD. (PWC), COMMISSIONER OF CUSTOMS, THE SECRETARY TO THE GOVERNMENT, NEW DELHI, SECRETARY TO THE GOVERNMENT OF INDIA, DIRECTOR, NATIONAL INVESTIGATION AGENCY, DIRECTOR, CENTRAL BUREAU OF INVESTIGATION, DIRECTOR GENERAL OF POLICE, DIRECTOR, VIGILANCE AND ANTI-CORRUPTION BUREAU, UNION OF INDIA, NEW DELHI, RAMESH CHENNITHALA, THE ADDL. DIRECTOR GENERAL OF POLICE, TRIVANDRUM.</h3> MICHAEL VARGHESE Versus HONOURABLE SHRI PINARAYI VIJAYAN, CHIEF MINISTER OF KERALA, TRIVANDRUM, SHRI M. SHIVSHANKARAN, IAS, STATE OF KERALA, THE SECRETARY ... Issues Involved:1. Whether the petitioner can seek registration of an FIR through a writ petition.2. Whether the petitioner can demand the investigation to be handed over to the CBI or any other Central Agency.3. Whether the petitioner has provided sufficient material to warrant an investigation.4. Whether the petitioner has made out a case for the issuance of a writ of mandamus.Analysis of the Judgment:1. Registration of FIR through Writ Petition:The petitioner sought a writ of mandamus for the registration of an FIR concerning alleged scams involving high-ranking officials. The court noted that the petitioner had not exhausted alternative remedies available under the Code of Criminal Procedure (Cr.P.C.). Specifically, the petitioner could have approached the Magistrate under Section 156(3) Cr.P.C. or filed a complaint under Section 200 Cr.P.C. The court emphasized that writ petitions should not be entertained when statutory remedies are available. The court cited several precedents, including *Sakiri Vasu v. State of U.P.*, where it was held that the appropriate remedy lies in approaching the Magistrate rather than filing a writ petition.2. Demand for Investigation by CBI or Other Central Agencies:The petitioner also sought to hand over the investigation to the CBI or NIA. The court referred to the Hon'ble Chief Minister’s letters to the Prime Minister and Finance Minister requesting a coordinated investigation by central agencies. Consequently, the Central Government had already directed the NIA to investigate the gold smuggling case. The court reiterated that the power to order a CBI investigation should be exercised sparingly and only in exceptional cases. The court cited *State of West Bengal v. Committee for Protection of Democratic Rights* and *Secretary, Minor Irrigation & Rural Engineering Services v. Sahngoo Ram Arya* to support this position.3. Sufficiency of Material Provided by the Petitioner:The petitioner relied solely on statements made by the Leader of the Opposition and lacked substantive evidence. The court held that mere allegations without supporting material are insufficient to warrant an investigation. The court emphasized that the petitioner must provide concrete evidence to substantiate claims of corruption and abuse of power. The court noted that the petitioner’s reliance on media statements and the absence of documentary evidence rendered the allegations vague and unsubstantiated.4. Issuance of Writ of Mandamus:The court examined whether the petitioner had made out a strong case for the issuance of a writ of mandamus. It was held that a writ of mandamus requires a clear right, a demand, and a refusal by the authorities. The court found that the petitioner had not made a formal demand for investigation to the appropriate authorities before approaching the court. The court also highlighted that the petitioner had alternative remedies under the Cr.P.C. and that the writ jurisdiction should not be invoked when such remedies are available. The court cited *Rajasthan State Industrial Development and Investment Corporation v. Diamond and Gem Development Corporation* to emphasize that writs should be issued based on equitable principles and substantial public interest.Conclusion:The court dismissed the writ petition, concluding that the petitioner had not exhausted alternative remedies and had failed to provide sufficient material to substantiate the allegations. The court reiterated that writ jurisdiction should be exercised sparingly and only when no other adequate remedy is available. The court also stressed the importance of providing concrete evidence and following statutory procedures before seeking judicial intervention.
TaxTMI 
TaxTMI 
