Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Investigation |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Investigation - Investigation into FIRs - Lodged before different agencies - FIRs registered by CBI pursuant to direction by Court-State Police registering FIR u/s 154 Cr.P.C. - Closure of FIR of State Police in view of investigation by CBI - Revision Application of accused seeking quashing of FIRs of CBI in view of FIRs of State Police - High Court as well as Supreme Court directing investigation of all the FIRs by CBI - Held: In view of closure of FIR of State Police and direction of High Court and Supreme Court regarding investigation of FIRs, Revision Applications have become infructuous - Code of Criminal Procedure, 1973 - s. 482.In a Writ Petition from a Kannchari Sangh alleging siphoning of funds of appellant Bank by the respondents, inquiry was conducted by CBI, on the direction of High Court. In Special Appeal, High Court directed CBI to continue further investigation, and CBI registered FIRs in respect of 16 cases.In the meantime one FIR was registered by State Police pursuant to direction of Criminal Court in a complaint of one 'N' against the respondents. Respective Writ Petitions were filed by the appellant-Bank challenging the registration of FIR by State Police, and by 'N' for direction for expeditious investigation by the State Police. High Court directed expeditions investigation of FIR registered by State Police. Respondents-accused filed application in the Special Appeal stating that in view of registration of FIR by State Police, Information Reports registered by CBI did not constitute on FIR in law. Respondents-accused also filed an application in the Writ Petition of the Kannachari Sangh, seeking dismissal of the Writ Petition by the Sangh in view of the FIR registered by State Police.The FIR of State Police was closed in view of the fact that investigation had been taken by CBI and the documents had been transferred to CBI.Respondent No.1 accused filed two Applications u/s 482 Cr.P.C. seeking quashing of the sixteen FIRs by CBI on the ground that they were second FIRs, the first being the FIR registered by State Police. Calcutta High Court by its interim order directed CBI to proceed with the investigation. However, taking of cognizance was prohibited without prior permission of the Court. By another interim order proceedings pending before Special Judge, CBI, Mumbai was stayed. Hence the present appeals, challenging the interim orders and Transfer Petition seeking transfer of case pending before Special Judge, CBI, Mumbai to Special Judge, CBI, Calcutta.This Court by its order dated 8.3.2007 directed CBI to investigate into FIR of State Police and submit its Report before this Court. |
Judge | Honble Mr. Justice S.H. Kapadia |
Neutral Citation | 2007 INSC 999 |
Petitioner | Bank Of Rajasthan |
Respondent | Keshav Bangur And Anr. |
SCR | [2007] 10 S.C.R. 506 |
Judgement Date | 2007-10-03 |
Case Number | 1327-1328 |
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