Judgment · High Court · 2007
Case at a glance
Provisions considered
- Code of Criminal Procedure, 1973 s. 482
- Constitution of India art. 226
Judgment
HON'BLE THE CHIEF JUSTICE SHRI S.N.JHA HON'BLE SHRI JUSTICE MOHAMMAD RAFIQ . . . Shri Rajendra Prasad for the appellant This special appeal arises from a writ petition which the appellant had filed seeking orders for rejection of the final report in a criminal case, and for direction upon the State Government to entrust the investigation to the Central Bureau of Investigation (CBI). The matter pertaining to rejection/acceptance of the final report may be challenged under section 482 Cr.P.C. This is the view taken by the learned Single Judge while rejecting the writ petition. Even if the plea of the counsel that appellant could seek remedy under Article 226 of the Constitution of India is accepted, it would mean that the writ petition, though registered as civil writ petition, should be treated as criminal writ petition under Article 226 of the Constitution of India. The writ petition having been rejected and we do not think, this special appeal is maintainable. On facts of the case, further, we do not think it is a fit case for entrusting the investigation to CBI. This appeal is accordingly dismissed. (MOHAMMAD RAFIQ), J. (S.N.JHA), C.J. mathur/
Questions this judgment answers
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 482; Constitution of India — art. 226.
Which court decided this case, and when?
Rajasthan High Court, on 23 Apr 2007. The bench was MOHAMMAD RAFIQ.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.