ALL INDIA INSTITUTE OF MEDICAL SCIENCES EMPLOYEES UNION (REGD.) THROUGH ITS PRESIDENT versus UNION OF INDIA AND ORS.

ALL INDIA INSTITUTE OF MEDICAL SCIENCES EMPLOYEES UNION (REGD.) THROUGH ITS PRESIDENT versus UNION OF INDIA AND ORS.

The petitioner is not entitled to approach the High Court for a direction to the CBI to investigate without availing the procedure under the Code of Criminal Procedure; the High Court was justified in refusing relief.

Parties
Petitioner: All India Institute of Medical Sciences Employees Union (Regd.) through its President; Respondents: Union of India and Ors.
Jurisdiction
India
Judgment Date
29 October 1996
Procedural Posture
Special Leave Petition (civil) / Supreme Court Decision on SLP Against Delhi High Court Judgment Dated 14.5.96 in W.p.no.1946 of 1996
Outcome
Petition dismissed.
Legal Topics
Investigation of Cognizable Offences, Remedies Under Cr PC, Writ Jurisdiction Under Art. 226
Criminal Procedure Constitutional Law Investigation of Cognizable Offences Remedies Under Cr PC Writ Jurisdiction Under Art. 226

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Parties

All India Institute of Medical Sciences Employees Union (Regd.) through its President

Petitioner

Union of India and Ors.

Respondents

Procedural Posture

Special Leave Petition (civil) / Supreme Court Decision on SLP Against Delhi High Court Judgment Dated 14.5.96 in W.p.no.1946 of 1996

Legal Issues

  1. 1 Whether the complainant can approach the High Court under Article 226 seeking investigation by the CBI without first availing remedies under the Code of Criminal Procedure.

Ratio Decidendi

The petitioner is not entitled to approach the High Court for a direction to the CBI to investigate without availing the procedure under the Code of Criminal Procedure; the High Court was justified in refusing relief.

Court Disposition

Petition dismissed.

Orders

  • Special leave petition is dismissed.
  • Petitioner is not precluded from following procedures under the Code, if so advised.