NAGALINGASWAMY H.S. Vs. STATE OF KARNATAKA ORS.

JUDGEMENT

(1.) Since petitioner -accused is same in both the petitions and it is in respect of same Crime No. 123/2013 of Ijoor police station and since common questions of law and facts are involved in the petitions, both the petitions are taken up together for disposal by a common order.

(2.) Heard the learned counsel appearing for petitioner -accused No. 4 in respect of both the petitions and also the learned Spl. P.P. appearing for the respondents.

(3.) It is the submission of the learned counsel appearing for the petitioner that after registering FIR in both the cases, investigation was taken up and after completing investigation charge sheets were filed and cases were numbered as C.C. Nos. 98/2013 and 99/2013 before the CJM Court at Ramanagaram. Earlier petitioner had approached the trial Court as well as this Court seeking his release on bail and both the Courts have rejected his bail application holding that investigation was still going on. Though earlier petitions were rejected, due to change in circumstances, petitioner -accused approached this Court seeking his release on bail after investigation was completed and charge sheet was filed. Subsequently, State Government consented that the investigation to be taken up by the CBI and accordingly, notification was issued on 20.2.2014 and 5.4.2014. CBI has taken up fresh investigation registering case in R.C. No. 7(A)/2014 on 5.4.2014. Learned counsel also submitted that once FIR was registered, matter was investigated and charge sheet was filed, there cannot be registration of the second FIR and further investigation by any investigating agency. This itself is a ground to seek quashing of the proceedings taken up by CBI under Sec. 482 of Cr.P.C. It is also submitted that even after 10 -11 months of CBI taking up investigation, investigation is not completed and trial Court also is in a dilemma whether to proceed with the trial of the case or not, as CBI is objecting before the trial Court that investigation is still going on. Even petitions were filed before this Court by the CBI seeking transfer of cases from the file of CJM to the file of the Special Court in Crl. Ps. 4416/2014 and 4451/2014. Learned counsel has submitted that in respect of the said petitions even without issuing notice or hearing the respondent -accused, petitions were allowed and Court has passed an order directing the CJM, Ramanagar to transmit the entire records pertaining to C.C. Nos. 98 and 99/2013 to the file of 46th Addl. City Civil and Sessions Judge and Special Judge for CBI Cases, Bangalore. Subsequently, accused filed application in the said case stating that he was not heard in the matter. However, this Court held that in view of the reasoning, petitions filed under Sec. 407 of Cr.P.C. are dismissed with liberty to the petitioner to approach this Court, if need arises in future, as noted in the body of the order and in pursuance of the order passed by the Court on 5.9.2014, if records have already been transmitted to the CBI Court, same have to be re -transmitted to the Principal Civil Judge (Sr. Dn.) and CJM, Ramanagar for further proceedings and he has to secure the presence of other accused and proceed with the case in accordance with law.