CENTRAL BUREAU OF INVESTIGATION Vs. RUPINDER KAUR

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 16.2.2000 passed by the Sessions Judge, Sangrur wherein, on a concession being made by the Public Prosecutor attached to his Court, the said Officer had directed that the investigation of case F.I.R. No. 143 dated 10.7.1999 registered in Police Station Dhuri should be entrusted to the Central Bureau of Investigation (in short the 'C.B.I.').

(2.) ACCORDING to the petitioner, there was nothing available in Section 173 Cr.P.C. which would enable the Sessions Judge to entrust the investigation of the case to the C.B.I.

(3.) I have given my thoughtful consideration to the rival contentions. While it is correct that this Court has granted liberty to Rupinder Kaur to move an application before the trial Magistrate to satisfy that the challan has been presented under Section 306 IPC though the offence committed is under Section 302 IPC and seek appropriate directions for further investigation yet this order by itself would not enable the Sessions Judge, who is not the Illaqa Magistrate to exercise the powers averted to in the order of this Court for initiating further investigations in the case much less directing that the same be conducted by the C.B.I. Even the Magistrate before whom the challan was presented though empowered to order further investigations in the matter would not be entitled to transfer the same to the C.B.I., as has been observed in Central Bureau of Investigation through S.P. v. State of Rajasthan, 2000(1) RCR(Criminal) 574, to the following effect :-