MURAIF QAMAR Vs. STATE

JUDGEMENT

(1.) THESE petitions raise the following substantial questions of law i.e.:-

(2.) BRIEFLY stating the facts giving rise to the filing of the aforesaid two petitions are as under:

(3.) 07.07 and 24.10.07, transferring investigation of this case to the C.B.I, in the light of the complaint made by the petitioners against the officials of the Delhi Police posted in Special Cell, who filed a closure report and also recommended action against the police officials of the Special Cell; the Special Cell despite pendency of the matter before this court, filed a report under section 173 Cr.P.C., against the petitioners alleging commission of the various offences by them, and on that basis, charges have been framed against them by the Special judge in complete ignorance of report of the CBI. 4. Thus, in view of the aforesaid conflict of interest by the two different investigating agencies i.e. the Special Cell of Delhi Police and Central Bureau of Investigation both working under the administrative control of the Central Government, vide order dated 01.07.2009 the Attorney General was requested to address this Court. The Ld. Attorney General appeared in this Court on 17.07.2009 and has made the following submissions: