NIRMALAN SELVARAJAH Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of lndia read with section 482 of the Code of Criminal Procedure, 1973 (for short 'the Code') is directed against the order dated 30 March 1993 passed by the Chief Metropolitan Magistrate, Delhi allowing the request of the Central Bureau of Investigation (CBI) for suspension of trial and granting them time to file supplementary challan during the course of trial of the petitioner. A few facts necessary for appreciating the controversy involved in the case be narrated as follows:- The petitioner was arrested on 22 January 1991, when he visited a hotel in Karol Bagh, New Delhi and on his personal search certain forged documents, including passports and fake stamps are alleged to have been recovered. Further recoveries are also alleged to have been made when some houses at Vikaspuri, New Delhi and Madras were searched. A case under section 472/473/474 read with section 467 Indian Penal Code was registered and the CBI filed acharge sheet against him on 20 January 1992. However, at the foot of the charge sheet, the following note was appended:-

(2.) The order of the Chief Metropolitan Magistrate has been assailed on three grounds, namely; (i) the police does not have unfettered power under section 173 (8) of the Code to conduct further investigation and file supplementary charge sheet (report) at any stage of the trial, (ii) since a supplementary charge sheet is still to be filed, it is implied that the investigations in the case are still incomplete and, therefore, the petitioner is entitled to bail under section 167(2) of the Code and (iii) the present trial cannot be conducted by the Chief Metropolitan Magistrate because offences under sections 472,473. 474 read with section 467 are triable by Magistrate of the First Class.

(3.) Before dealing with the contentions canvassed by Mr. P.P. Grover, learned counsel for the petitioner, it is necessary to have a look at the relevant provisions of the Code:- "173 (1) Every investigation under this Chapter shall be completed without unnecessary delay. (2) (i) As soon as it is completed, the officer in charge of the police station shall forward to a Magistrate empowered to take cognizance of the offence on a police report, a report in the form prescribed by the State Government, stating-