Supreme Court of India
Khursheed Ahmad Chohan v. Union of Territory of Jammu and Kashmir and Ors. Etc.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
In view of the above discussion, the impugned judgment dated 18th September, 2023, passed by the learned Single Bench of the High Court of Jammu & Kashmir and Ladakh at Srinagar in Criminal Miscellaneous Petition No. 111 of 2023 connected with Writ Petition (Civil) No. 592 of 2023 , rejecting the appellant’s prayer for transfer of investigation to the CBI, is hereby quashed and set aside.
Judgment, page 35
From the headnote
Issue for Consideration Issue arose as to whether the facts and circumstances disclosed in the complaint, supported by compelling medical evidence of grievous injuries, including complete genital mutilation, mandatorily required registration of an FIR; whether the gravity of the alleged custodial torture, the systematic cover-up by local police machinery, and the inherent conflict of interest arising from the pendency of cases punishable under NDPS Act against the appellant necessitate transfer of investigation to the CBI; and whether FIR registered against the appellant u/s.309 IPC should be
Authorities it was built on
- 1990 State of Haryana and Ors v. Ch. Bhajan Lal and Ors.
- 1993 Smt. Nilabati Behera Alias Laut Behera (through the Supreme Court Legal Aid Committee) v. State of Orissa and Ors.
- 2013 Lalita Kumari v. Govt. of U.P. and Ors.
- 1996 D.K. Basu v. State of West Bengal
- 2010 State of West Bengal & Ors. v. The Committee for Protection of Democratic Rights, West Bengal & Ors
- 2018 Navtej Singh Johar & Ors. v. Union of India Thr. Secretary Ministry of Law and Justice
- 1995 State of Madhya Pradesh v. Shyamsunder Trivedi and Ors.
- 2006 Sube Singh v. State of Haryana and Ors.
- 2023 Mohammad Wajid and Anr. v. State of U.P. and Ors.
- 1993 Mohammed Anis v. Union of India and Ors.
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