Supreme Court - Daily Orders
Central Bureau Of Investigation vs Shyambir Singh on 27 September, 2019
Bench: N.V. Ramana, Sanjiv Khanna
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL No.1502 OF 2019
(Arising out of SLP(Crl.)No.5868/2018)
CENTRAL BUREAU OF INVESTIGATION … APPELLANT
Versus
SHYAMBIR SINGH & ORS. … RESPONDENTS
O R D E R
Leave granted.
The instant appeal, by way of special leave, is directed
against judgment and order dated 11.08.2017 passed by the High Court
of Punjab and Haryana at Chandigarh in CRM-M-No.37066 of 2014
whereby the High Court transferred the investigation of FIR No.281
dated 21.07.2012 under Section 365 IPC, PS Sadar Palwal to CBI,
Chandigarh, exercising its power under Section 482 Cr.P.C.
Heard learned counsel for the parties at length, and
perused the material placed on record.
Learned counsel for the appellant/CBI submitted that the
High Court erred in exercising its power in directing it to
investigate the matter, when there was no material produced on
record to indicate that the investigation had been carried out in a
biased or tainted manner.
On the other hand, learned counsel appearing on behalf of
respondent No.1/complainant submitted that on account of the faulty
investigation by the Haryana Police, the complainant was unable to
Signature Not Verified
Digitally signed by
SATISH KUMAR YADAV
Date: 2019.10.04
17:07:30 IST
trace out his brother and, therefore he filed a petition under
Reason:
Section 482 Cr.P.C. for handing over the investigation of FIR
No.281 dated 21.07.2012 under Section 365 IPC, PS Sadar Palwal to
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CBI.
After perusing the material placed before us, it is clear
that after investigation, the Haryana Police filed an “Untraced
Report” before the Illaqa Magistrate Court. The Illaqa Magistrate,
by an order dated 23.11.2013, accepted the “Untraced Report’ filed
by the Haryana Police. Thereafter, respondent No.1 gave written
applications in the office of S.P. Palwal seeking information about
the police investigation. However, instead of challenging the order
of the Illaqa Magistrate accepting “Untraced Report”, respondent
No.1 filed a petition under Section 482 Cr.P.C. before the High
Court seeking CBI investigation, which the High Court has allowed
vide the impugned order dated 11.08.2017.
Further, a constitution bench of this Court, in the case
of State of West Bengal and Others v. Committee for Protection of
Democratic Rights, West Bengal and Others, (2010) 3 SCC 571, has
held that the power to direct the CBI to conduct investigations is
an extraordinary power, which must not be exercised as a matter of
routine but must be done sparingly, cautiously and only in
exceptional circumstances.
We are therefore unable to agree with the order passed by
the High Court transferring the investigation of the matter to the
CBI, when the alternative remedy was available to respondent No.1
to approach the appropriate court against the “Untraced Report”
filed by the Haryana Police.
We accordingly set aside the impugned order passed by the
High Court.
Liberty is granted to respondent No.1 – complainant to
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approach the concerned jurisdictional Court to challenge the
“Untraced Report” filed by the Haryana Police.
If respondent No.1 – complainant files an application
before the concerned Court, it is directed to be considered on its
own merits without being influenced by any of the observations made
by the High Court.
The appeal stands disposed of accordingly.
........................J.
(N.V.RAMANA)
........................J.
(SANJIV KHANNA)
NEW DELHI;
SEPTEMBER 27, 2019.
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ITEM NO.33 COURT NO.3 SECTION II-B
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).5868/2018
(Arising out of impugned final judgment and order dated 11-08-2017
in CRM-M No.37066/2014 passed by the High Court of Punjab & Haryana
at Chandigarh)
CENTRAL BUREAU OF INVESTIGATION Petitioner(s)
VERSUS
SHYAMBIR SINGH & ORS. Respondent(s)
Date : 27-09-2019 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE N.V. RAMANA
HON'BLE MR. JUSTICE SANJIV KHANNA
For Petitioner(s) Mr. Sanjay Jain, ASG
Mr. Anil Hooda, Adv.
Mr. O.P. Shukla, Adv.
Mr. Ajay Sharma, Adv.
Mr. Arvind K. Sharma, Adv.
Mr. Mukesh Kumar Maroria, AOR
For Respondent(s) Mr. Devender Kumar Saini, AAG
Mr. Vishwa Pal Singh, AOR
Mr. Shree Pal Singh, AOR
Mr. Shubham Gupta, Adv.
Ms. Prerna Gupta, Adv.
Mr. Praween Gupta, Adv.
Mr. Ravi Kumar Tomar, AOR
Mr. Anilendra Pandey, AOR
Ms. Priya Kashyap, Adv.
Mr. R.K. Ranjan, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
The appeal stands disposed of in terms of the signed order.
(SATISH KUMAR YADAV) (RAJ RANI NEGI) AR-CUM-PS ASSISTANT REGISTRAR (Signed order is placed on the file)