SARVSHEEL MAGO versus STATE OF HARYANA & ORS.

SARVSHEEL MAGO versus STATE OF HARYANA & ORS.

An independent and unbiased investigation into the appellant's complaint is warranted based on the Inquiry Report; at this stage, referral to CBI is not necessary as the State police, under DIG, have conducted an impartial probe. Investigation against all concerned, including those involved in the incident of 8.8.2004, is directed, and further action is to be taken as required.

Parties
Appellant: Sarvsheel Mago; Respondents: State of Haryana & Ors.
Jurisdiction
India
Judgment Date
25 March 2008
Procedural Posture
Criminal Appeal / Appeal From Final Judgment and Order of High Court Dated 9/9/2005
Outcome
Appeal disposed of with directions for further investigation by DIG; no reference to CBI; liberty to appellant to approach Court again if necessary.
Legal Topics
Inherent Powers of High Court, False Implication in Criminal Cases, Unbiased Investigation, Registration of Criminal Case
Criminal Law Inherent Powers of High Court False Implication in Criminal Cases Unbiased Investigation Registration of Criminal Case

Case Brief

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Parties

Sarvsheel Mago

Appellant

State of Haryana & Ors.

Respondents

Procedural Posture

Criminal Appeal / Appeal From Final Judgment and Order of High Court Dated 9/9/2005

Legal Issues

  1. 1 Whether there is a case for independent and unbiased investigation based on the complaint by the appellant and the Inquiry Report
  2. 2 Whether the matter should be referred to CBI for investigation
  3. 3 Whether the High Court rightly refused to direct registration of a criminal case

Ratio Decidendi

An independent and unbiased investigation into the appellant's complaint is warranted based on the Inquiry Report; at this stage, referral to CBI is not necessary as the State police, under DIG, have conducted an impartial probe. Investigation against all concerned, including those involved in the incident of 8.8.2004, is directed, and further action is to be taken as required.

Court Disposition

Appeal disposed of with directions for further investigation by DIG; no reference to CBI; liberty to appellant to approach Court again if necessary.

Orders

  • Further investigation by officer of rank of DIG into appellant's complaint directed.
  • No necessity to refer matter to CBI at this stage.