CENTRAU BUREAU OF INVESTIGATION Vs. STATE OF HARYANA

JUDGEMENT

(1.) Both these petitions encompass common question(s) of law, besides encompassing common prayer(s), therefore, they are amenable for being decided through a common verdict. For the sake of convenience, the facts are being extracted from CRM-M-5650-2022.

(2.) The gravamen of the lis, as encapsulated in the instant petition, is centered upon the validity of the impugned orders dtd. 19/2/2021, which are enclosed with the instant petition respectively as Annexures Pl to P4, and whereby, the sanction for prosecution of the respondents No.5 to 8, in Case No. RC 08(S)/2017/SC-III/CBI/New Delhi dtd. 22/9/2017, as sought by the C.B.I. under Sec. 197 Cr.P.C., has been declined by the respondent No. 1-State of Haryana.

(3.) Succinctly stated, the present case derives its origin from the infamous incident of Ryan International School, Gumgram, wherein, a student of 2nd class [a seven year old boy] [hereinafter referred to as the 'minor deceased'] was found murdered in the school premises. Initially, the investigation was conducted by the Haryana Police and they arrested one Ashok Kumar [a Conductor employed in the School Bus at the relevant time] as the accused behind the murder. Since there was a lot of hue and cry and the matter was highlighted throughout media, and, even the father of the minor deceased approached the Hon'ble Supreme Court for transfer of investigation, therefore, the State of Haryana issued a gazette notification, thus transferring the investigation of this case to the C.B.I. The investigation of the C.B.I. culminated in a juvenile student of the same school, namely, Bholu [imaginary name given by the trial Court to conceal the identity of the juvenile student] [hereinafter referred to as the 'C.C.L.'] being the sole culprit behind murder of the minor deceased. Moreover, post conducting a through investigation, the C.B.I. also reached a conclusion that, in fact, Ashok Kumar was falsely framed in the murder and he is totally innocent. The further shocking revelations, as emerged from the investigation conducted by the C.B.I. are that, the Special Investigation Team [constituted by Commissioner of Police, Gurugram] not only created false documents, but, also pressurized the material witnesses to depose against Ashok Kumar. Consequently, a supplementary report was filed by the C.B.I., thereby requesting to accord sanction under Sec. 197 Cr.P.C. for prosecution of some of the members of the Special Investigation Team [i.e. respondents No.5 to 8], This request was declined by the respondent No.l through rendering the impugned orders. Therefore, fetching grievance from the impugned orders, the C.B.I. has instituted the instant petition(s).