Court On Its Own Motion vs State

ik-97769003 Delhi High Court 28 November 2024 • 51 min read

Judges (2)

Amit Sharma Coram Prathiba M. Singh Delivered

Counsel (9)

Abhishek Batra Counsel Respondent Anupam Sharma Counsel Respondent Dipanshu Chugh Counsel Amicus Harpreet Kalsi Counsel Respondent Prakarsh Airan Counsel Respondent Ripudaman Sharma Counsel Respondent Syamantak Modgill Counsel Respondent Vashisht Rao Counsel Respondent Vikas Padora Counsel Amicus

Parties (1)

Central Bureau of Investigation Petitioner

Case Significance

Court On Its Own Motion vs State is a Delhi High Court decision dated November 28, 2024 (citation: ik-97769003). A criminal reference by the Special CBI Court and a CBI writ petition arose from the dismissal of CBI's application for issuance of a letter rogatory under Section 166A CrPC. The court held that a reference under Section 395(2) CrPC can be made at any stage including investigation, but requires a pending case before the court, and remanded the letter rogatory application to a different judicial officer for fresh consideration. The bench comprised Justices Amit Sharma and Prathiba M. Singh. The judgment was delivered by Justice Prathiba M. Singh.

Summary

A criminal reference by the Special CBI Court and a CBI writ petition arose from the dismissal of CBI's application for issuance of a letter rogatory under Section 166A CrPC. The court held that a reference under Section 395(2) CrPC can be made at any stage including investigation, but requires a pending case before the court, and remanded the letter rogatory application to a different judicial officer for fresh consideration.

What was the outcome of Court On Its Own Motion vs State?

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (ik-97769003)