Fair Investigation Rights India

Summary

In India, the Supreme Court recognizes the right to a fair investigation as a fundamental right under Article 21. Key judgments include Maneka Gandhi v. Union of India and Zahira Habibullah Sheikh v. State of Gujarat. If police submit a chargesheet without considering evidence provided by the accused, you can file a petition in the High Court under Section 482 of the CrPC for further investigation by CBI or another independent agency. Relevant case laws include State of Punjab v. CBI and T.T. Antony v. State of Kerala. To file the petition, draft it with clear facts and reasons, annex supporting evidence, and submit it to the appropriate High Court.

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India
In India, the Supreme Court has upheld that a fair investigation is a fundamental right of an accused. Some key judgments include:
- Maneka Gandhi v. Union of India (*): Right to fair investigation is part of the right to life and personal liberty under Article *.
- Zahira Habibullah Sheikh v. State of Gujarat (*): Emphasized the need for a fair investigation for justice.
Do you need specific details on any particular case, or help with a specific issue related to fair investigation?
Police submitted chargesheet without examining and discussing the evidence and materials which the accused handed over to the police during investigation.I want to seek direction of the high court for further investigation by CBI or any other independent investigating agency.I need your suggestions and the case laws on the point of further investigation by CBI or any other independent investigating agency
You can file a petition in the High Court under Section * of the CrPC for further investigation. Relevant case laws include:
- State of Punjab v. CBI (*): The court can order a CBI investigation if it is in the interest of justice.
- T.T. Antony v. State of Kerala (*): Reaffirms the right to a fair investigation.
Do you need more information on how to proceed with filing the petition?
Yes
To proceed with filing the petition in the High Court under Section * of the CrPC for further investigation by CBI or any other independent agency, you can follow these general steps:
*. Draft the Petition: Clearly state the facts, reasons for requesting further investigation, and reference relevant case laws.
*. Annex Evidence: Attach all evidence, documents, and materials supporting your claim.
*. File the Petition: Submit the petition to the High Court having jurisdiction over the matter.
Would you like detailed guidance on drafting the petition?