Madhya Pradesh High Court
Central Bureau Of Investigation vs Tej Narayan Shukla And 6 Ors. on 15 December, 2017
1
HIGH COURT OF MADHYA PRADESH
Cr.R. No.1058/2011
(C.B.I. vs. Tej Narayan & Ors.)
Indore, Dated: 15/12/2017
Shri S.K. Vyas, learned Senior Counsel with Shri
Deepak Rawal, learned Assistant Solicitor General for the
petitioner.
None for the respondents No.1-7, though duly served.
Shri Manoj Dwivedi, learned Additional Advocate General with Shri Sudarshan Joshi, learned counsel for the respondent No.8/State.
Heard the learned counsel for the parties on I.A. No.24737/17 & 25306/17 - applications praying for stay of the proceedings in S.T. No.111/09 & S.T. No.4/11 pending before the Court of learned Special Judge (Atrocities), Bhind.
The main petition preferred under Section 397, 482 & 407 of Cr.P.C. has been filed by the petitioner-CBI, being aggrieved with order dated 10.01.2011 passed by Special Judicial Magistrate First Class (for CBI cases), Indore by which the case registered on the basis of charge-sheet filed by the CBI in C.C. No.5/10 has been committed to the Court of Sessions Judge, Bhind. The contention of the petitioner is that in view of the provisions contained in Section 14(3) of Cr.P.C., the case ought to have been committed to the Court of Sessions Judge, Indore instead the Court of Sessions Judge, Bhind. By way of I.A. 2 No.24737/17 & 25306/17 prayer has been made to stay the proceedings in Sessions Trial No.111/09 & ST No.4/11 pending before the Special Judge (Atrocities), Bhind.
Heard the learned counsel for the parties and perused the record.
It is revealed from the record that First Information Report bearing Crime No.30/09 was registered on 14.04.2009 at Police Station Endori, Distt. Bhind with regard to murder of Makhanlal Jatav. The State police conducted investigation and filed a charge-sheet on 06/07/2009 before Judicial Magistrate First Class, Gohad, Distt. Bhind against 8 persons. In due course the case was committed to the Court of Sessions. The State Govt. vide order dated 07.07.2009 passed under Section 6 of Delhi Police Establishment Act, 1946 consented for transfer of investigation of Crime No.30/09 from State police to Central Bureau of investigation whereupon Central Govt. under Section 5 of the Delhi Police Establishment Act, 1946 vide its order dated 08/07/2009 transferred the investigation of Crime No.30/09 to CBI Delhi, pursuant to which FIR No.RC0082009(s)0012 was registered and eventually a charge-sheet was filed on 29/11/2010 by the CBI against 7 persons before the Court of Special Judicial Magistrate, CBI, Indore. The Special Judicial Magistrate vide impugned order dated 10/01/2011 committed the case to the Court of Sessions Judge, Bhind.
3The learned Senior Counsel appearing for the petitioner-CBI as well as learned Additional Advocate General appearing on behalf of respondent No.8 placing reliance on the decision of Union of India vs. Sudeep Patel & Ors., Criminal Revision No.703/2011, Order dated 17/09/2012 (Bench Indore), have contended that the case registered on the basis of charge-sheet filed by the CBI ought to have been committed by the Special Judicial Magistrate (for CBI cases), Indore to the Court of Sessions Judge, Indore and that serious error has been made in committing the case to the Court of Sessions Judge, Bhind, therefore, trial before the Court of Special Judge, Bhind is non-est. In Union of India vs. Sudeep Patel (supra), the matter related to an offence which was committed at Harda. The Special Judicial Magistrate, CBI and Economic Offences, Indore committed the case for trial to the Court of Sessions Judge, Harda instead to the Court of Sessions Judge, Indore. The order passed by the learned Magistrate was challenged before this Court. The question for consideration before this Court was as to whether the Special Judicial Magistrate for CBI cases, Indore rightly committed the case to the Court of Sessions Judge, Harda for the purpose of taking out further proceedings or the case should have been committed to the Court of Sessions Judge, Indore? Setting aside the order of committal passed 4 by the learned Special Judicial Magistrate, this Court held that Special Magistrate, CBI, Indore has committed an error in passing the order of committal by which instead of committing the case to the Court of Sessions at Indore in whose Sessions Division, she ordinarily held her Court, she committed the case for trial to the Court of Sessions Judge, Harda. Accordingly, the order passed by the learned Special Judicial Magistrate, CBI cases, Indore was reversed. This view was taken in view of the provisions contained in Section 11(1) and 14(3) of Cr.P.C.
The fact situation in the instant case is almost identical to the fact situation prevailing in the case of Union of India vs. Sudeep Patel & Ors. (supra). In the instant case, the alleged incident is said to have occurred at Bhind. After investigation by the State Police, the investigation of the case was transferred to the CBI. The CBI filed a charge-sheet before the Court of Special Judicial Magistrate First Class (for CBI cases), Indore. The Special Judicial Magistrate instead of committing the case to Sessions Judge, Indore committed the same to the Court of Sessions Judge, Bhind, which was prima-facie in violation of the provision of Section 14(3) of Cr.P.C., therefore, the order passed by the learned Magistrate deserves to be stayed till final decision of this petition.
Accordingly, I.A. No.24737/17 and 25306/17 are hereby allowed and the trial in S.T. No.111/09 & S.T. 5 No.4/11 pending before the Court of learned Special Judge (Atrocities), Bhind is directed to be stayed till final decision in this case.
This matter is pending since 2011, therefore, Office is directed to list the matter immediately after ensuing Winter Vacation.
CC as per rules.
(Ved Prakash Sharma) Judge soumya Digitally signed by Soumya Soumya Ranjan Dalai DN: c=IN, o=High Court of Madhya Pradesh, ou=Administration, Ranjan postalCode=452001, st=Madhya Pradesh, 2.5.4.20=f4d2118683e84322 bb5797cf28ee60671538b73 Dalai 7cf52962d84d7b527897e53a c, cn=Soumya Ranjan Dalai Date: 2017.12.15 14:07:11 +05'30'