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march 1996

Supreme Court of India · 1996-03-19

STATE OF BIHAR vs RANCHI ZILA SAMTA PARTY

Citation / case number
SC 1996/79009
Court
Supreme Court of India
Petitioner
STATE OF BIHAR
Respondent
RANCHI ZILA SAMTA PARTY
Author
K. RAMASWAMY
Bench
K. RAMASWAMY

Judgment text excerpt

The Supreme Court held that the High Court's decision to transfer the investigation of large-scale defalcation of public funds from the State police to the Central Bureau of Investigation (CBI) was incorrect. The Court emphasized that under Article 226 and Entry 80 of List I of the Seventh Schedule, the State police retains the authority to investigate offenses without the State Government's consent. The Court ruled that while it has the power under Article 142 to ensure complete justice, the High Court overstepped its jurisdiction by removing the investigation from the State police, thereby disrupting the constitutional distribution of powers.

STATE OF BIHAR vs RANCHI ZILA SAMTA PARTY · Niyam