CENTRAL BUREAU OF INVESTIGATION Vs. NCT OF DELHI

JUDGEMENT

(1.) The applicant Central Bureau of Investigation (CBI) had registered a case described as RC-DAI-2011-A-0015 Delhi for investigation into offences punishable under Sections 120-B read with Sections 420/467/468/471/477-A of Indian Penal Code, 1860 (IPC) and Sections 13(2) read with Sec. 13 (1) (d) of Prevention of Corruption Act, 1988. The investigation led to two reports under Sec. 173 of the Code of Criminal Procedure, 1973 (Cr.P.C.) being submitted in the court of Special Judge (PC Act) - CBI at Saket Courts, New Delhi, each said report seeking closure of the case on the ground that though case had been made out, the requisite sanction for prosecution of the public servants who were involved had been declined and, therefore, the cases had to be closed, such reports having been described as closure report no.1 and closure report no.2.

(2.) The reports were considered by the Special Judge, who vide orders dated 001.2015 and 28.04.2015 directed the records of the case including the said closure reports to be placed before the court of Chief Metropolitan Magistrate (CMM) of South District at Saket Court Complex, inter alia, observing that it would be for said court to consider the reports and then to proceed with the matter in accordance with law in so far as it related to commission of offences punishable under IPC, leaving the subject of necessity of sanction under Sec. 197 Crimial P.C. also to be considered by said court.

(3.) The CMM (South) statedly was of the opinion that the court presided over by him was not competent to entertain the said case since closure reports submitted by the CBI disclosed commission of offences within the jurisdiction of Police Station R.K. Puram, which fell under the jurisdiction of a different District (New Delhi District).