Case Name : Ashok Kumar Todi vs Kishwar Jahan & Ors
Case Reference: (2011) 3 SCR 597 :
Neutral Citation:
Case Number: Crl A 602/2011
Court: Supreme Court
Bench: 02
Coram: P Sathasivam (Author), Dr BS Chauhan
Date: 01.03.2011
High Court directing CBI investigation
High Court can order CBI to investigate an offence in a State even without the consent of the State. (Para 14, Page 620, C-F) However this power must be used in exceptional situations
Right to marry :: inter-caste or inter-religious marriage
Duty of administration and police to ensure that marital life of major who undergo inter-caste or inter-religious marriage, is not disturbed, or harassed (Para 17, Page 624)
Steps in investigation
(Paras 23, 24) 1. Information lodged 1. If cognizable offence, and information given orally, to be written down. 1. It must be written down in the book as per State rules 2. If non cognizable offence, there is no obligation to record 2. Proceeding to the spot 3. Ascertaining facts and circumstances 4. Discovery and arrest 5. Collection of evidence 1. Examination of persons (161) 2. Search/seizure of places 6. Whether to file chargesheet
Refer also: State of West Bengal vs Committee for Protection of Democratic Rights, West Bengal, (2010) 3 SCC 571 - (para 69 there), High Court can order CBI investigation even without consent of State Lata Singh vs State of UP HN Rishbud vs State of Delhi, AIR 1955 SC 196 State of MP vs Mubarak Ali, AIR 1959 SC 707 Navinchandra N Majithia vs State of Meghalaya, (2000) 8 SCC 323
See also: Constitution - Article 21 Constitution - Article 226
PDF: Ashok Kumar Todi vs Kishwar Jahan, (2011) 3 SCR 597.pdf