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Supreme Court of India 2018-07-31

Union of India and Anr vs Sunil Tripathi etc. etc

Bench: 3 — A.M. Khanwilkar

In Brief

The Union of India and CBI appealed against a Delhi High Court order directing the CBI to convert three preliminary enquiries into FIRs and conduct investigations into alleged offences by private persons and unknown officials regarding fraudulent claims under a government ex-servicemen scheme. The CBI's enquiry report had concluded there was no involvement of public servants. The Supreme Court declined to decide the substantive issues—including whether the High Court's directions were legally tenable, whether the CBI was bound by an earlier statement that investigation had commenced, and whether the absence of public servant involvement was conclusive—and instead remanded the matter to the High Court for fresh reconsideration on its merits and in accordance with law."

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Criminal Procedure Administrative Law CBI Investigation Writ Petition Preliminary Enquiry

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