DILBAR SINGH Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) THE present petition lays challenge to order dated 21.10.2014 passed by the Special Judge, CBI, Punjab Patiala (in short, 'CBI Court') whereby charges under sections 302, 307, 326, 324, 201 read with Section 34 of the Indian Penal Code (in short, IPC) and Sections 25/27 of the Arms Act have been framed against Kulwant Singh, Dilbar Singh, Jatinder Singh and Amarjit Singh Sidhu in RC No. 9 (S) of 2012 dated 13.12.2012 and the Court has refused to take cognizance of offence on the basis of report of the local police in the cross version pertaining to FIR No. 56 dated 19.12.2010 registered in Police Station Balongi, District SAS Nagar.

(2.) THE precise question that calls for determination is 'whether the impugned order in regard to refusal to take into consideration report under Section 173(2) Cr.P.C submitted by the local police in cross version in aforesaid FIR earlier pending before the Court of Additional Sessions Judge, SAS Nagar, Mohali and stands transferred to CBI Court can be allowed to sustain.'

(3.) COUNSEL for the petitioner has submitted that on due investigation in cross version lodged by Dilbar Singh, report under Section 173 Cr.P.C was submitted in the Court and Jasbir Singh accused was charged for commission of offence punishable under Sections 307 and 452 IPC and Section 27 of the Arms Act vide order dated 07.01.2012 (Annexure P5). This Court while disposing of CRM M 20157 of 2014, in view of consensus recorded by counsel for the parties passed order dated 04.07.2014 (Annexure P8) directing that the case pending at Mohali be transferred to the Court of Special Judge, CBI, Patiala to be attached with the challan filed by the CBI where the trial Court would proceed further in the matter in accordance with law. Harjinder Singh filed CRM 19730 of 2014 and this Court, by taking into consideration the aforesaid order dated 04.07.2014 and reference received from the Additional Sessions Judge, SAS Nagar Mohali, in view of consent of the parties that both the cases be heard by one and the same Court i.e. Special Judge, CBI, Punjab, Patiala, directed the Additional Sessions Judge, Mohali to transfer the file pending in his Court to the CBI Court. It is vehemently argued that in the proceedings before this Court, there is no such order made to exclude any of the reports submitted on the basis of investigation conducted by the local police or the CBI, from consideration, therefore, the Special Judge, CBI, Patiala has committed a gross error rather illegality by holding that investigation conducted by the Punjab Police stood wiped or the cross version cannot be ordered to re -enliven as the Court has no jurisdiction to take cognizance of the offence on the basis of report of the local police. It is further argued that the aforestated observations in para 11 of the impugned order cannot be allowed to sustain in the light of judgment passed by Hon'ble the Supreme Court of India Vinay Tyagi v. Irshad Ali alias Deepak and others, : (2013) 5 Supreme Court Cases 762. It is prayed that the order passed by the CBI Court in refusing to consider the report in cross version, transferred to the CBI Court by the order of this Court, be set aside with a direction to consider both the reports submitted by the local police and CBI in respect of cross version and then pass appropriate order in accordance with law.