Supreme Court - Daily Orders
Director Central Bureau Of ... vs Krishna Kumar Mishra on 18 February, 2019
Author: Chief Justice
Bench: Chief Justice, Sanjiv Khanna
1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO(S). 294 OF 2019
[ARISING OUT OF SPECIAL LEAVE PETITION
(CRIMINAL) NO.9561/2017]
DIRECTOR, CENTRAL BUREAU
OF INVESTIGATION ...APPELLANT(S)
VERSUS
KRISHNA KUMAR MISHRA
& ORS. ...RESPONDENT(S)
ORDER
1. Leave granted.
2. Raja Ramanna Centre for Advanced Technology, Department of Atomic Energy, Indore had imported a technical equipment known as “Lock-in-Amplifier” sometime in the year 2004.
3. The equipment was claimed to have been placed by Mrs. Shailja, Scientific Officer on the desk of the respondent No.1 Signature Not Verified Digitally signed by VINOD LAKHINA – Krishna Kumar Mishra wherefrom it Date: 2019.02.19 18:10:33 IST Reason: 2 disappeared.
4. A Criminal proceeding bearing FIR No.36 of 2005 was registered in respect of the aforesaid incident in the Rajendra Nagar Police Station, Indore on 15th January, 2005.
5. The Police submitted a final report which was not accepted by the learned Chief Judicial Magistrate. In fact, the learned Chief Judicial Magistrate had ordered for further investigation. At this stage, the respondent No.1 – Krishna Kumar Mishra moved a writ petition seeking an inquiry into the matter by the Central Bureau of Investigation (CBI), primarily, on the ground that the incident has caused him humiliation and loss of prestige.
6. The High Court by the impugned order dated 26th May, 2017 has ordered the CBI to conduct the investigation into the 3 matter. Aggrieved, the CBI has filed the present appeal.
7. While the jurisdiction of the High Court to order an investigation by CBI cannot be doubted, the said jurisdiction is to be very sparingly exercised with great care and caution keeping in mind that the premier investigating agency is primarily engaged in investigation of anti-corruption cases and cases of vital importance for the nation. In the present case, with regard to the disappearance of the “Lock-in- Amplifier”, the law had been set in motion by the Raja Ramanna Centre for Advanced Technology, Department of Atomic Energy, Indore by filing an FIR and the result of the investigation has not been accepted by the learned Court which had ordered for further investigation.
8. Not much light has been thrown as 4 to what is the stage of further investigation. Perhaps, no progress therein has been made on account of the reference of the matter to the CBI by the High Court by the impugned order.
9. Be that as it may, having regard to the nature of the work that the CBI is required to perform, we are of the view that the High Court was not justified in requiring the CBI to investigate the present matter. The High Court, in our considered view, ought to have allowed the State Police to conduct and complete the further investigation ordered by the learned Chief Judicial Magistrate instead of directing the CBI to conduct investigation and inquiries.
10. We, therefore, set aside the aforesaid direction in the order of the High Court and allow this appeal and direct 5 that further investigation of the matter by the State Police shall now recommence and be concluded within a period of six months from the date of receipt of a copy of this order.
11. With the aforesaid direction, the appeal is disposed of.
....................,CJI.
(RANJAN GOGOI) ...................,J.
(SANJIV KHANNA)
NEW DELHI
FEBRUARY 18, 2019
6
ITEM NO.41 COURT NO.1 SECTION II-A
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). 9561/2017 (ARISING OUT OF IMPUGNED FINAL JUDGMENT AND ORDER DATED 26-05-2017 IN WP NO. 20003/2014 PASSED BY THE HIGH COURT OF M.P PRINCIPAL SEAT AT JABALPUR) DIRECTOR, CENTRAL BUREAU OF INVESTIGATION PETITIONER(S) VERSUS KRISHNA KUMAR MISHRA & ORS. RESPONDENT(S) I.A. NO.85921/2018 – APPLICATION TO INCLUDE RESPONDENTS I.A. NO.75829/2018 – APPROPRIATE ORDERS/DIRECTIONS I.A. NO.75833/2018 – VACATING STAY Date : 18-02-2019 This matter was called on for hearing today. CORAM :
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SANJIV KHANNA For Petitioner(s) Mr. Aman Lekhi, ASG Mr. Sanjay Kr. Tyagi, Adv. Ms. Swati Ghildiyal, Adv. Ms. Khushboo Kapur, Adv. Ms. Vimla Sinha, Adv.
Mr. Arvind Kumar Sharma, AOR For Respondent(s) Mrs. Swarupama Chaturvedi, AOR Mr. B.N. Dubey, Adv.
Mr. Mukesh Kumar, Adv.
Ms. Indira Bhakar, Adv. Ms. Aparna Trivedi, Adv. Mr. Santanu Singh, Adv. Mr. Vikas Bansal, Adv.
Respondent-in-person 7 UPON hearing the respondent in person and the counsel the Court made the following O R D E R Leave granted.
The appeal is allowed in terms of the signed order.
Consequently, all pending applications shall stand disposed of.
[VINOD LAKHINA] [ANAND PRAKASH]
AR-cum-PS BRANCH OFFICER
[SIGNED ORDER IS PLACED ON THE FILE]