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Supreme Court of India 2018-07-31 allowed

Union of India and Anr vs Sunil Tripathi etc. etc

Bench: 3 — A.M. Khanwilkar

In Brief

The Supreme Court set aside a High Court judgment directing the Central Bureau of Investigation to register and investigate three preliminary enquiries into alleged forgery and misappropriation by ex-servicemen officials. The Court found the High Court had not adequately analysed key contentions: whether the CBI's preliminary enquiry establishing no public servant involvement precluded CBI investigation, and whether CBI's prior undertaking to investigate created an irrevocable obligation. Rather than deciding these issues for the first time in appeal, the Court remanded the matter to the High Court for fresh consideration on merits without expressing any opinion on the substantive issues."

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Criminal Procedure Jurisdiction of CBI Preliminary Enquiry Writ Petition Separation of Powers

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