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Supreme Court of India 2022-07-14 dismissed

HIMANSHU KUMAR AND OTHERS vs STATE OF CHHATTISGARH AND OTHERS

Bench: 2 — A.M. Khanwilkar, J.B. Pardiwala

In Brief

The Supreme Court dismissed a writ petition challenging alleged massacres of tribals in Chhattisgarh on 17 September and 1 October 2009, allegedly perpetrated by police and paramilitary forces. The petitioners sought CBI investigation. The Court found that the State police had already completed investigations and filed charge sheets against unknown Naxalites. The statements of victim-petitioners recorded by a Delhi District Judge contradicted the writ petition's core allegations—they could not identify the assailants. The Court held that extraordinary power to transfer investigation to CBI must be exercised only in exceptional circumstances; mere allegations against police are insufficient. Finding no prima facie case for CBI inquiry, the Court dismissed the petition with Rs 5 lakh costs, and directed the State/CBI to investigate potential false charges under Section 211 IPC and Code of Criminal Procedure Section 195.",

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Criminal Procedure CBI Investigation Perjury False Evidence Naxalism Counter-Insurgency Judicial Review Human Rights Extrajudicial Killings

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