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TMI Blog2017 (8) TMI 1587X X X X Extracts X X X X X X X X Extracts X X X X ..... olume of material facts surrounding the lodging of the F.I.R. and its authenticity needs to be investigated and the truth unravelled. But this is what has been interdicted by the High Court - In the above situation, we find ourselves unable to agree with the view taken by the High Court. The F.I.R. in question should be fully investigated in accordance with law and thereafter further legal consequences as may be warranted should be allowed to take effect. Order of High Court set aside - appeal disposed off. - Criminal Appeal No. 1297 of 2017 (Arising out of SLP (Crl.) No. 3555 of 2015) and Special Leave Petition (Crl.) No. 6389 of 2015 - - - Dated:- 1-8-2017 - Ranjan Gogoi, L. Nageswara Rao And Navin Sinha, JJ. For ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... criminal investigation, unless tainted by clear mala fides, should not be foreclosed by a Court of Law. 4. It is perhaps upon realization of the limited parameters of High Court's jurisdiction, that Shri Mahesh Jethmalani, learned Senior Counsel for the Respondent-accused, has in all fairness confined his arguments to what the learned Counsel comprehends to be the core issue, namely, whether there was any F.I.R. in existence in law so as to enable an investigation to be undertaken. 5. Apart from drawing our attention to the initial complaint dated 02.03.2013, which was registered as a petition by the jurisdictional police station and the F.I.R. registered on 11.03.2013, Shri Jethmalani has read out the statements of Sm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .3.2013 (day prior to the death of Edwin Joubert Vaningen) raise serious doubts regarding the reasons for such delay. The delay in taking action on the complaint of Edwin Joubert Vaningen between 2.3.2013 to 11.3.2013 only benefits Michael Floyd Eshwer. The delay and the advantage it gives to Michael Floyd Eshwer would safely permit us to conclude that omission and commissions by then PI of Nazarbad police station Mr. Mohan and the then DCP Shri Basavaraj Malagatti were at the behest of Michael Floyd Eshwer. 8. We have extracted the aforesaid findings (which clearly appear to be against the Respondent-accused) only to highlight the fact that the statements on which reliance has been placed have been appreciated by the Inquiry Offic ..... X X X X Extracts X X X X X X X X Extracts X X X X
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