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may 2008

Supreme Court of India · 2008-05-08

Naresh Kavarchand Khatri vs State Of Gujarat & Anr

Citation / case number
AIR 2008 SUPREME COURT 2180
Court
Supreme Court of India
Petitioner
Naresh Kavarchand Khatri
Respondent
State Of Gujarat & Anr
Author
S.B. Sinha
Bench
S.B. Sinha, Lokeshwar Singh Panta

Judgment text excerpt

The Supreme Court held that the High Court exceeded its jurisdiction by transferring the investigation of FIRs under Sections 406, 420, and 120B IPC without notice to the informant and without establishing its authority to do so. The Court emphasized that the power to transfer investigations lies with statutory authorities under Section 156 of the Code of Criminal Procedure, and judicial interference at an initial stage is unwarranted. Consequently, the order of the High Court was set aside, reaffirming the need for proper jurisdictional adherence in criminal investigations.

Naresh Kavarchand Khatri vs State Of Gujarat & Anr · Niyam