Supreme Court - Daily Orders
Central Bureau Of Investigation vs Budha Priya Mahathrea @ Buddha Priya ... on 28 September, 2016
Bench: Ranjan Gogoi, Prafulla C. Pant
ITEM NO.1 COURT NO.6 SECTION IIB
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
PETITION(S) FOR SPECIAL LEAVE TO APPEAL (CRL.) NO(S). 5787/2012
(ARISING OUT OF IMPUGNED FINAL JUDGMENT AND ORDER DATED 11.07.2011
IN C.R.R. NO.1715/2011 PASSED BY THE HIGH COURT OF CALCUTTA)
C.B.I PETITIONER(S)
VERSUS
BUDHA PRIYA MAHATHREA RESPONDENT(S)
(WITH OFFICE REPORT)
(FOR FINAL DISPOSAL)
WITH
SLP(CRL) NO. 4230/2013
(WITH OFFICE REPORT)
SLP(CRL) NO. 1866/2014
(WITH APPLN.(S) FOR PERMISSION TO PLACE ADDL. DOCUMENTS ON RECORD
AND STAY)
Date : 28/09/2016 These petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE RANJAN GOGOI
HON'BLE MR. JUSTICE PRAFULLA C. PANT
For Petitioner(s)
SLP(CRL) 5787/12 & rr Ms. Pinky Anand, ASG
in SLP(CRL) 1866/14 Ms. Jyotika Kalra, Adv.
Ms. Sadhna Sandhu, Adv.
Mr. Mukesh Kumar Maroria, Adv.
Ms. Jyoti Mehendiratta, Adv.
Ms. Kritika Sachdeva, Adv.
SLP(CRL) 4230/13 Mr. Rahul Gupta, Adv.
Mr. Nitin Sangra, Adv.
SLP(CRL) 1866/14 Mr. Sanjay R. Hegde, Sr. Adv.
Mr. Utpal Mazumdar, Adv.
Mrs Sarla Chandra, Adv.
For Respondent(s)
Signature Not Verified
Mr. Aman Sinha, Sr. Adv.
Digitally signed by
VINOD LAKHINA
Date: 2016.09.28
Mr. Sanjai Kumar Pathak, Adv.
Mr. Pravesh Thakur, Adv.
16:30:27 IST
Reason:
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Mr. Joydeep Mazumdar, Adv.
Mr. Parijat Sinha, Adv.
Mr. Rohit Dutta, Adv.
Mr. Anip Sachthey, Adv.[N/P]
Mr. M. T. George, Adv.
Mr. B.V. Balram Das, Adv.
UPON hearing the counsel the Court made the following
O R D E R
By Notification dated 21st April, 1960, consent of the State of West Bengal has been accorded for investigation by the Central Bureau of Investigation (earlier Delhi Special Police Establishment) in respect of offences specified, inter alia, in Notification No.7/5/55-AVD dated 6th November, 1956. The said Notification is issued under Section 3 of the Delhi Special Police Establishment Act, 1946 and in the offences mentioned therein, offences punishable under Sections 417, 465, 467, 468, 471 and 477A of the Indian Penal Code, 1860 (“IPC”) are also mentioned. Reference to the said offences under the IPC has been specifically mentioned as the same are relevant to the present case.
By Notification dated 18th February, 1963 issued under Section 3 of the Delhi Special Police Establishment Act, 1946 the earlier Notification bearing No. 7/5/55-AVD dated 6th November, 1956 has been superseded. The Page No.2 of 3 question, therefore, would be whether there is any other Notification under Section 6 of the Delhi Special Police Establishment Act, 1946 after the aforesaid super-session of the Notification dated 6th November, 1956 by which consent of the State of West Bengal for investigation into the offences in question (as referred to above) has been accorded.
Ms. Pinky Anand, learned Additional Solicitor General appearing for the C.B.I., on being apprised of the aforesaid position, seeks two weeks' time to obtain necessary instructions and place the relevant Notifications, if available/in existence before the Court.
Time as prayed is granted.
List the matters on 25th October, 2016.
[VINOD LAKHINA] [ASHA SONI]
COURT MASTER COURT MASTER
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