2021 (4) TMI 1264

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....petition are confined to prayer clause (c) made in the present petition whereby the petitioner has sought an alternative prayer seeking directions to the learned Special Judge, CBI to decide the application under Section 226(4) of the Income Tax Act 1961, filed by Respondent No.2 forthwith. In as much as the prayer made by the respondent no.2 in relation to an application filed by the Income Tax Department under Section 226 (4) of the Income Tax Act, 1961 dated 23.08.2012 pending before the learned trial Court, whereby vide order dated 28.02.2015, it had been observed by the learned Special Judge, CBI-01 to the effect: "In the considered opinion of this court, it would be appropriate that the application, moved by the income tax department, is decided only after the decision in the closure report of the CBI." with the matter having been adjourned also by the learned trial Court for orders on the closure report for the date 10.03.2021. Vide order dated 08.04.2015, the learned Special Judge, CBI-01 had renotified the matter for passing of orders on the closure report to the date 18.04.2015 with it having also been observed vide the said order qua the applicatio....

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....sitions by the senior NTPC officials, as well as the members of the Cabinet committee on infrastructure, Government of India, as these senior officers and the politicians appear to have high connections and appear to have a big say in the functioning o fthe Government of India. It is clear that the CBI had intentionally and deliberately not investigated the matter properly, only to save the senior officers of NTPC and the members of the Cabinet Committee on infrastructure, Government of India. 7. Perusal of the record further shows that despite clear orders on 18.04.2015, the relevant files from the concerned Ministry and Cabinet Committees on infrastructure, Government of India have not been placed on record, with the present charge sheet, for perusal of this court. 8. In these circumstances, this court is not inclined to accept the present charge sheet. The same' be, therefore, returned back to the CBI, alongwith all the documents, for further investigations, as per the "directions issued by this court vide orders dated 18.04.2015. 9. It. is further directed that the Director, CBI, shall supervise the further investigations of this matter himself an....

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....has not been done by the CSI, till date. It appears that the CSI is deliberately and intentionally not complying the court orders and is not investigating the matter properly and is concealing the relevant files from this court, to shield the real culprits, for the reasons best known to it. Perusal of the record further shows that on 23.12.2016, DLA Shri S.K.Bhatt had appeared before the court and he requested for adjournment and grant of some more time to file the complete report, u/s 173 Cr.P.C., after compliance of orders dated 18.04.2015 & 23.09.2016, on the ground that the Director CSI was busy in some other serious matter and therefore, the further investigations could not be concluded in compliance of the order dated 23.09.2016. It appears that DLA Sh. S.K.Bhatt had made a false statement before this court, only to seek adjournment and to take time from the court. Even in the application, moved before the court today, by 1.0. Inspector Shitanshu Sharma, nothing has been mentioned about the further investigations and filing of thf9 report u/s 173 Cr.P.C., in compliance of the orders dated 18.04.2015 & 23.09.2016. In the circumstances, a show ca....

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....fect that while passing the orders to the aforesaid effect, the learned Special Judge shall also direct the money to be remitted to the State Bank of India, Tis Hazari Branch, Delhi in the name of the Court of the Special Judge and once the money is received, the Special Judge would then be at liberty to deal with that in anyway which it would think appropriate after taking into consideration the rival claims of the petitioner, CBI and the Income Tax Department and that the entire exercise should be completed as expeditiously as possible. During the course of submissions that have been made on behalf of the petitioners, reliance is sought to be placed on the verdict of the Hon'ble Supreme Court in Superintendent and Remembrancer of Legal Affairs, West Bengal Vs. Mohan Singh and Others (1975) 3 SCC 706 with observations made therein to the effect: "The question as to the scope and ambit of the inherent power of the High Court under Section 561A vis-a-vis an earlier Order made by it was, therefore, not concluded by this decision and the matter was res Integra so far as this Court is concerned. Mr. Mukherjee cited in support of this contention three decisions, namely,....