Constitution of India, 1950
Article 32—Writ—Prayer to handover the investigation to CBI—Only question as to whether any case has been made out by the writ petitioners for the investigation of the two incidents through CBI—In an appropriate case, when the court feels that the investigation by the police authorities is not in a proper direction and in order to do complete justice in the case and if high police officials are involved in the alleged crime, the court may justified to handover the investigation to an independent agency like CBI—Even after the filing of the charge-sheet the court is empowered in an appropriate case to handover the investigation to an independent agency like CBI—Investigation has already been carried out and charge-sheets have been filed—Neither the counsel nor the writ petitioners has any idea about the charge-sheet and the materials collected in the course of investigation—Alleged massacre was at the end of the naxalities and not on behalf of the police and high officials as alleged—No case is made out to handover the investigation to CBI—Petition rejected.
[Paras 43, 44, 46, 50, 55, 56, 64, 65 & 66]
Indian Penal Code, 1860
Section 211—False charge of offence made with intent to injure—Essential ingredients for invoking Section 211 IPC are that the complainant must have falsely charged a person with having committed an offence—Complainant, at the time of giving the complaint must have known that there is no just or lawful ground for making a charge against the person—Such complaint must have been given with an intention to cause injury to a person—A false “charge” must not be understood in any restricted or technical sense, but in its ordinary meaning, of a false accusation made to any authority bound by law to investigate it or to take any steps in regard to it, such as giving information of it to the superior authorities with a view to investigation or other proceedings, and the institution of criminal proceedings includes the setting of the criminal law in motion.
[Paras 90 & 91]