C.B.I. vs Special Judicial Magistrate. I for CBI Cases Lucknow and Others

Hon''ble Ajai Lamba, J.—Heard learned counsel for the parties.

Application is allowed. Amended memo of parties and affidavit are taken on record.

Relevant facts of the case required to be noticed are that Writ Petition No. 3659(M/B) of 2011(P.I.L.); We the people Vs. Union of Indian and others; was filed in this Court praying for issuance of a writ directing Union of India to entrust the investigation of Case Crime no. 322 of 2010, under Sections 302 and 120-B, I.P.C. Police Station- Vikas Nagar, Lucknow, and Case Crime No. 269 of 2011, under Sections 302 and 120-B I.P.C., P.S. -Gomti Nagar, Lucknow, relating to murders of two Chief Medical Officers, Dr. Vinod Arya and Dr. B.P. Singh respectively, to the Central Bureau of Investigation. The petition was finally decided vide order dated 27th July, 2011. Relevant portion of the order reads as under:-

Sri J.N. Mathur, learned Additional Advocate General, relying upon Section 173(8) of the Cr.P.C., submitted that further investigation can be done by the police even after submission of the charge-sheets and the State Government being of the view that this should be done by the C.B.I. to allay all apprehensions in the mind of the public and to instill faith in them about the bona fides of the State Government in dealing with the aforesaid cases, due consent has been given for making further investigation. Sri Mathur also stated that liberty to make further investigation does not prohibit the C.B.I. in making re-investigation in case there is any linkage found in the two murders of Chief Medical Officers with the murder of Dr. Y.S. Sachan, Deputy Chief Medical Officer, or even otherwise if the C.B.I. feels, that reinvestigation is required.

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Accordingly, we direct that all matters aforesaid be investigated by the C.B.I. The C.B.I. shall register the necessary cases and forthwith depute an officer to receive from the respondents all records relating to Case Crime No. 322 of 2010, under Sections 302 and 120-B I.P.C., P.S. Vikas Nagar, Lucknow and case crime no. 269 of 2011, under Sections 302 and 120-B I.P.C., P.S. -Gomti Nagar, Lucknow, relating to murders of two Chief Medical Officers, Dr. Vinod Arya and Dr. B.P. Singh respectively, and that of case crime no. 112/2011, under Sections 409,419,420,467,468 and 471 IPC, and Case Crime 115/2011, under Sections 409,419,420,407,468 and 471 IPC, registered at P.S. Wazirganj, Lucknow, relating to NRHM Scam in the district of Lucknow. The respondents shall immediately hand over all such records to such officer. The state shall provide all assistance and logistic support to C.B.I. The investigation shall be completed expeditiously, say, within a maximum period of three months. The Director, C.B.I. is directed to take charge of the investigation immediately.

Consequent to our aforesaid order, no action shall be taken by the Magistrate concerned in pursuance of the charge-sheets submitted in the aforesaid cases.

Subsequently, a clarification of the order was sought by Central Bureau of Investigation which application was decided vide order dated 9th September, 2011.

As can be gathered from the extracted portion, chargesheet had already been filed before the Magistrate at the point in time when the order was passed in the Public Interest Litigation. Copy of the chargesheet, however, had not been supplied to the accused in terms of provisions of Section 207 of Code of Criminal Procedure.

The intent and import of the order passed by the Division Bench of this Court is that a direction has been issued to the C.B.I. to investigate the matter, after registering necessary cases. The State Investigating Agency was directed to immediately hand over all such records to the C.B.I. Officers. As per the stand of the State Government, the C.B.I. was at liberty to not only conduct further investigation but also conduct re-investigation. Consequently, investigation is going on.

Be that as it may, the Magistrate concerned, started proceeding with the matter u/s 207 Cr.P.C. at which point in time the C.B.I. filed an application dated 12th of October, 2011 to the effect that since further investigation is being carried out by C.B.I. under directions of this Court, it would be in the interest of investigation to keep the supply of police papers to the accused in abeyance till completion of further investigation by C.B.I. The said application has been dismissed by virtue of impugned order dated 18th of November, 2011.

It is required to be seen, whether while investigation is pending with C.B.I., the police papers/chargesheet prepared by the State Police, that is not the investigating agency any more, should be given to the accused or not.

Issue notice to respondents returnable on 1st February, 2012.

In the meantime, police papers would not be given to the accused.

Let a copy of this order be placed on the file of Criminal Misc. Case No. 5735 of 2011 (u/s 482 Cr.P.C) titled C.B.I. Vs. Anand Prakash Tiwari and Others, which is similar in nature.