VIRBHADRA SINGH Vs. STATE OF HP

JUDGEMENT

(1.) What is the stage at which an accused in a criminal case can seek extra-ordinary relief of change of investigating agency is the main question of law that arises for consideration in this case.

(2.) While attempting the answer to the above question, it is necessary to refer to the factual background of the present Writ Petition and to some extent, the facts, as available on the record, and the various guiding principles laid down by the Apex Court in the matter.

(3.) Thus, we may first refer to the facts in brief. FIR No. 27 of 2009 was registered by the State Vigilance and Anti Corruption Bureau, Shimla. The petitioners herein shown are the accused. The gist of the FIR registered under Section 13(1)(d)(ii) & (iii), read with Section 13(2) of the Prevention of Corruption Act, 1988, is that towards the end of the year 1989 or in the beginning of 1990, the first petitioner who was the then Chief Minister of the State of Himachal Pradesh, misused his official position with the active support and connivance of the second petitioner herein, who is his wife for collecting amounts from various industrialists and others. A Compact Disc pertaining to the conversation on the alleged transactions in that regard released on 28.5.2007, by one Mr. Vijay Singh Mankotia, forms the basis of the FIR registered on 3.8.2009. The petitioners herein filed a Criminal Miscellaneous Petition under Section 482 of the Criminal Procedure Code/ Cr.M.M.O. No. 107 of 2009, praying for quashing the FIR with a further prayer to entrust the investigation to CBI. or any other independent agency, outside the State of Himachal Pradesh. We may extract the prayers: