Supreme Court · 2020 INSC 549 · Decided 16 September 2020
Neetu Kumar Nagaich v. The State of Rajasthan and Others
- Court
- Supreme Court of India
- Citation
- 2020 INSC 549 · [2020] 6 S.C.R. 1015
- Case number
- WRIT PETITION (CIVIL) No. 141/2020
- Decided
- 16 September 2020
- Bench
- R.F. NARIMAN, NAVIN SINHA, INDIRA BANERJEE (3-judge bench)
- Outcome
- Case Allowed
- Case type
- Writ / Constitutional
- Acts & sections cited
- IPC Section 302; CrPC Section 173(2), 173(8); Constitution Article 21, 32
Headnote
Investigation: De novo investigation - Writ Petition before Supreme Court seeking transfer of criminal case from State Police to CBI - Alleging several deficiencies in the investigation - On direction by Supreme Court to conclude the investigation within stipulated Report - Held: A fair investigation is as much a part of Constitutional right guaranteed u/Art. 21 of the Constitution as a fair trial - The Constitutional Court has power to direct de novo investigation in exceptional circumstances in order to prevent miscarriage of justice -
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