04 March 2013
Supreme Court
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VIJAY KUMAR THAKUR Vs STATE OF KARNATAKA & ORS.

Bench: H.L. DATTU,RANJAN GOGOI
Case number: Writ Petition (crl.) 113 of 2012


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IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION

WRIT PETITION (CRIMINAL) NO. 113 OF 2012   

VIJAY KUMAR THAKUR  PETITIONER

VERSUS

STATE OF KARNATAKA & ORS.              RESPONDENTS

O R D E R

1. Rule nisi.

2. The main prayer sought for in this Writ Petition filed  

under Article 32 of the Constitution of India, is as under:

“A) Issue necessary directions to the Director, CBI, New  Delhi- Respondent No.4 for conducting fair and impartial  investigation into the matter so as to find out the real  culprits involved in the murder case to meet the ends of  justice;....”

3. Shri  Siddharth  Luthra,  learned  Additional  Solicitor  

General, appearing for some of the respondents in the Writ Petition  

would seek for modification in grant of the aforesaid prayer and  

submit that instead of this Court directing the Director, CBI, New  

Delhi to conduct the investigation into the complaint filed by the  

petitioner,  the  same  could  be  conducted  by  the  State  Criminal  

Investigation  Department  (for  short  'the  C.I.D.'),  headed  by  a  

police officer of the rank of Director General of Police (for short  

‘the D.G.P.).

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4. Though Shri Nagendra Rai, learned senior counsel appearing  

for the petitioner has some reservations on the aforesaid submission  

made by Shri Luthra, we are of the considered opinion that the same  

appears to be very reasonable and, if the complaint filed by the  

petitioner is transferred to the State C.I.D. headed/monitored by a  

police officer of the rank of D.G.P., it should satisfy the interest  

of the petitioner.

5. In  that  view  of  the  matter,  we  now  direct  the  State  

C.I.D., which is headed by an officer of the rank of D.G.P. to  

conduct  the  proceedings  and  impartially  investigate  into  the  

complaint filed by the petitioner as expeditiously as possible, at  

any rate, within an outer limit of six months from the date of  

receipt of a copy of this order.

6. The Registry is directed to send a copy of this order to  

the D.G.P, Karnataka for further necessary action.

7. The Writ Petition is disposed of accordingly.

Ordered accordingly.  

.......................J. (H.L. DATTU)

.......................J. (RANJAN GOGOI)

NEW DELHI, MARCH 04, 2013.