DILESH KUMAR Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) ON 22.04.2010 a complaint came to be lodged with the Superintendent of Police, State Vigilance and Anti Corruption Bureau, Dharamshala, District Kangra. In crux, a grievance was made out that Rajesh Thakur, Director, Thakur College of Education, Kangra, H.P., sought job at Government College, Dhaliara (H.P.) on the basis of false/forged certificates of Magadh University Bodh Gaya. Also his family members obtained forged certificates from the Bihar Intermediate Education Council Patna, used again for seeking employment with the Government of Himachal Pradesh. On the asking of the original complainant, this Court vide judgment dated 03.05.2012 in CWP No. 6453 of 2010, titled as V.P. Alhuwalia Versus State of H.P. & others, directed the investigation to be conducted by the Central Bureau of Investigation. Accordingly regular case FIR No. RC0962012S0007 dated 06.06.2012 was registered with the Central Bureau of Investigation, Shimla Branch. With the completion of investigation, final report dated 15.05.2013 was presented before the Court of Chief Judicial Magistrate, Shimla -cum -Special Judicial Magistrate, CBI, Shimla naming the present petitioner Dilesh Kumar to be one of the accused persons. Allegedly he is the kingpin and issued/procured fake and forged degrees and certificates in favour of gullible persons of the State. On 24.10.2013, Court of Chief Judicial Magistrate, Shimla, in an application filed under Section 306 of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C.), for grant of tender of pardon, passed order(s) in favour of applicants, accused Mohd. Mazahar and Lal Bihari Singh (Annexures P -3 and P -4). Applicants were examined on oath by the concerned Magistrate at the time of grant of tender of pardon.

(2.) SUBSEQUENTLY on 25.10.2013, supplementary final report was filed by the Investigating Agency, specially recording grant of tender of pardon in favour of accused Mohd. Mazahar and Lal Bihari Singh. It appears that perhaps this fact escaped attention of the Court and as such on 29.10.2013, the concerned Court also took cognizance, amongst others, against them. As such, cognizance against all eleven accused persons was erroneously taken, which mistake was subsequently rectified with the passing of order dated 12.11.2013, when names of the approvers (Mohd. Mazahar and Lal Bihari Singh) were deleted from the column of accused persons who were then added as witnesses in the column of witnesses. Noticeably there was no challenge to this order. Also propriety and legality of such order is not a subject matter of challenge in these proceedings.

(3.) IT is also not in dispute that subsequent to filing of the present petition dated 24.06.2014, statements of Mohd. Mazahar and Lal Bihari Singh stand recorded as witnesses during trial, with adequate opportunity afforded to all the accused persons, including the present petitioner, for cross -examining them. Undisputedly, pursuant to directions issued by Hon'ble the Supreme Court of India, out of 147 witnesses, 48 witnesses already stand examined.