TaxTMI 
TaxTMI 
2015 (10) TMI 2654
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....he mandatory consent under section 6 of the Delhi Special Police Establishment Act has not been obtained from the State Government at the time of registration of FIR, investigation and carrying out raid in their premises. The provisions of the Code of Criminal Procedure and Central Bureau of Investigation Manual have not been followed at the time of registration of FIR and at the time of raiding the premises of the petitioners. The FIR could not be registered after the closure of first inquiry report. The part of cause of action has arisen within the territorial jurisdiction of this Court in view of Sr. No.5 read with paras 4,5 and 6 of the FIR dated 23.9.2015. The permission of Hon'ble Speaker of the H.P. Legislative Assembly has not been obtained at the time of registration of FIR and its investigation. The raiding of their residence at the time when the marriage of their daughter was being solemnized speaks of wreaking of political vendetta. The FIR has been registered though there is no order of the Hon'ble Delhi High Court to register the same. Petitioners also apprehend their arrest in FIR No. RCAC-1 2015 A-004. 4. Mr. Ashok Sharma, learned ASGI has taken a preliminary objec....
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....ndicate Bank for encashment. The cheque was returned by the bank unpaid, because of the insufficiency of funds in the account of B. S issued a notice by registered post on 2-2-1993. The notice was returned to S on 15-2-1993 with the endorsements "Addressee absent" for three dates and "Intimation served on addressee's house" for 6-3-1993. The postal article remained unclaimed till 15-2-1993 and was then returned to the sender, S, with the endorsement unclaimed. S, filed a complaint on 4-3-1993 before the Court of the Judicial Magistrate, First Class, Adoor (District Pathanamathitta) against B under Section 138 of the Negotiable Instruments Act, 1881. B denied that the Court had territorial jurisdiction on the basis that the cheque had been dishonoured in Kayamkulam District. 6. Their Lordships of the Hon'ble Supreme Court in State of West Bengal and others vs. Committee for Protection of Democratic Rights, West Bengal and others, (2010)3 SCC 571 have held that words "life" and "personal liberty" are used in Article 21 as compendious terms to include within themselves all the varieties of life which go to make up the personal liberties of a man and not merely the right to the co....
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....ded to the judicial organ." [62] In Minerva Mills (supra), Y.V. Chandrachud, C.J., speaking for the majority observed that Articles 14 and 19 do not confer any fanciful rights. They confer rights which are elementary for the proper and effective functioning of democracy. They are universally regarded by the Universal Declaration of Human Rights. If Articles 14 and 19 are put out of operation, Article 32 will be drained of its life blood. Emphasising the significance of Articles 14, 19 and 21, the learned Chief Justice remarked: "74. Three Articles of our Constitution, and only three, stand between the heaven of freedom into which Tagore wanted his country to awake and the abyss of unrestrained power. They are Articles 14, 19 and 21. Article 31-C has removed two sides of that golden triangle which affords to the people of this country an assurance that the promise held forth by the preamble will be performed by ushering an egalitarian era through the discipline of fundamental rights, that is, without emasculation of the rights to liberty and equality which alone can help preserve the dignity of the individual." [64] Thus, the opinion of this Court in A.K. Gopalan (supra) to th....
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....der Section 156 of the Code to investigate on information received or otherwise. Section 6 of the DSPE Act prohibits the CBI from exercising its powers and jurisdiction without the consent of the Government of the State. It is pointed out on the side of the petitioner that, in the present case, no such consent was obtained by the CBI and submitted that the second FIR against the petitioner is contrary to Section 157 of the Code and Section 6 of the DSPE Act. It is not in dispute that the consent was declined by the Governor of the State and in such circumstance also the second FIR No. R.C. 0062003A0019 dated 05.10.2003 is not sustainable. [40] As discussed above and after reading all the orders of this Court which are available in the 'compilation', we are satisfied that this Court being the ultimate custodian of the fundamental rights did not issue any direction to the CBI to conduct a roving inquiry against the assets of the petitioner commencing from 1995 to 2003 even though the Taj Heritage Corridor Project was conceived only in July, 2002 and an amount of Rs. 17 crores was released in August/September, 2002. The method adopted by the CBI is unwarranted and without ju....
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....e expeditiously from the point of view of all concerned. Their Lordships have held as under: [24] In the criminal justice system the investigation of an offence is the domain of the police. The power to investigate into the cognizable offences by the police officer is ordinarily not impinged by any fetters. However, such power has to be exercised consistent with the statutory provisions and for legitimate purpose. The Courts ordinarily do not interfere in the matters of investigation by police, particularly, when the facts and circumstances do not indicate that the investigating officer is not functioning bona fide. In very exceptional cases, however, where the Court finds that the police officer has exercised his investigatory powers in breach of the statutory provision putting the personal liberty and/or the property of the citizen in jeopardy by illegal and improper use of the power or there is abuse of the investigatory power and process by the police officer or the investigation by the police is found to be not bona fide or the investigation is tainted with animosity, the Court may intervene to protect the personal and/or property rights of the citizens. [26] One of the re....
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....fore inquiry/investigation as required under Section 6A of the DSPE Act except in a case under Section 7 of the PC Act where registration is followed by immediate arrest of the accused. [33] A proper investigation into crime is one of the essentials of the criminal justice system and an integral facet of rule of law. The investigation by the police under the Code has to be fair, impartial and uninfluenced by external influences. Where investigation into crime is handled by the CBI under the DSPE Act, the same principles apply and CBI as an investigating agency is supposed to discharge its responsibility with competence, promptness, fairness and uninfluenced and unhindered by external influences. 81. What is an investigation has already been discussed by Brother Justice Lodha and I endorse his views on this. However, what is crucial for an investigation is that it should conclude expeditiously from the point of view of all concerned: from the point of view of the accused, a quick conclusion to the investigation will clear his name and image in society if he is innocent. This is certainly of considerable importance to a person who has been wrongly accused or framed for an offence....