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Judgment
(C.M. Application No. 91671 of 2011)
This application has been moved by the CBI for modification/clarification of our dated 27th of July, 2011 passed in Writ Petition No. 3659 (M/B) of 2011.
We, after notice to the parties, have heard Sri Prince Lenin, for the Petitioner, Sri Bireshwar Nath, Learned Counsel appearing for the CBI and Sri Mahmood Alam, Learned Counsel appearing for the Union of India as well as Sri J.N. Mathur, learned Additional Advocate General, for the State.
Sri Bireshwar Nath has brought on record an order dated 27th of August, 2011 passed by the CBI Magistrate by means of which he, in view of the observations made by us in the aforesaid judgment and order, has refused to take proceedings u/s 309(2) Code of Criminal Procedure. and has given the remand of the accused persons u/s 167 Code of Criminal Procedure.
The reason for the said order is the observations made by us to the following effect:
Consequent to our aforesaid observations, no action shall be taken by the Magistrate concerned in pursuance of the aforesaid charge-sheet.
In fact, the writ petitions were filed for transferring the cases to CBI wherein the Court directed the CBI to take over the charge of all the cases and make investigation and register regular case.
The directions aforesaid were issued in view of the fact that the local police in the meantime had submitted reports before the Additional Chief Judicial Magistrate and he was to proceed with the same. In view of the fact that the investigations were transferred to the CBI who was to register regular cases and submit report, the aforesaid directions were issued for the Magistrate concerned i.e. the Additional Chief Judicial Magistrate where the reports were filed by the local police.
This direction in no way, impinges upon the jurisdiction or authority of the CBI Magistrate to proceed in the matter in accordance with law.
We, therefore, clarify the order aforesaid and direct that the CBI Magistrate may proceed in accordance with the provisions of Sections 209 and 309 (2) Code of Criminal Procedure. as the case may be and the aforesaid directives would not come in his way. Needless to say that the reports submitted u/s 173 Code of Criminal Procedure by the local police before the A.C.J.M. Lucknow also forms part of investigation.
We further clarify that our direction aforestated in our order dated 27.7.2011 would not come in the way of the CBI Magistrate in dealing with the matter before him including on the reports filed u/s 173 Code of Criminal Procedure. by the local police and consequently he will proceed in the matter in accordance with the provisions of Code of Criminal Procedure. i.e. according to law.