Supreme Court · 2009 INSC 875 · Decided 7 July 2009
Jeewan Kumar Raut & ANR. v. Central Bureau of Investigation,
- Court
- Supreme Court of India
- Citation
- 2009 INSC 875 · [2009] 10 S.C.R. 272
- Case number
- CRIMINAL APPEAL No. 1133/2009
- Decided
- 7 July 2009
- Bench
- S.B. SINHA, A.K. GANGULY (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC; CrPC Section 167(2)
Headnote
" TRANSPLANTATION OF HUMAN ORGANS ACT, 1944: c Section 22 - Cognizance taken on a complaint filed by CBI - Applicability of Section 167(2) Cr.P.C. - Held: Not applicable - CBI having specially been empowered both under the Delhi Special Police Establishment Act, 1946 as a/so under Cr.P.C. and file a charge sheet ' .. D is precluded from doing so only by reason of Section 22 of the TOHO Act - It is doubtful whether the authorized Officer of the department to carry out investigation on a complaint made by a third party would be entitled to assess the accused E and carry on
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