2007 (6) TMI 567

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....the case to be undertaken by CBI. By the latter order, the prayer to recall the earlier order was rejected. 2. The brief facts are as follows: Special A.C. B. Case No.2 of 1996 came up for hearing and evidence for the first time on 7.1.1999 before Additional Sessions Judge, Nadiad and at that time the Bench Clerk of the aforesaid court called for Muddamal from the office of Nazir, which was given to the clerk Shri Shukla and in turn given to Shri Kiran Joshi, Senior Clerk. During the recording of the evidence of the witnesses when Muddamal was required to be identified, in the bag containing Muddamal article No. 2 (₹ 35000/- i.e. 70 notes of ₹ 500/- denomination) could not be found therein. Though rigorous search was made but....

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.... terms of Section 397 of Code of Criminal Procedure (in short 'Cr.PC'). It was held that the CBI ought to have taken care to move the proper court and instead of that the CBI, bypassed the alternative remedy and moved the High Court directly. After having said so, the High Court felt that the approach of the CBI deserved to be deprecated and was deprecated. A cost of ₹ 1000/- was imposed holding that the CBI had chosen a wrong path and it was not respecting and adhering to law. The Director of CBI was directed to hold an inquiry in the matter and whoever was found responsible for filing the petition before the High Court was to reimburse the cost to be deposited by the CBI. It was further directed that the inquiry as directed ....

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....in Central Bureau of Investigation through S.P. Jaipur Vs. State of Rajasthan & another [2001) 3 SCC 333] has laid down the principles as to whether direction can be given to the CBI under Section 156(3) Cr.P.C. It was held that magisterial power cannot be stretched under the said provision beyond directing the officer incharge of a police station to conduct the investigation and no such direction can be given to the CBI. In the instant case, the first information report was already registered and in that sense Section 156(3) Cr.P.C. had no application. There is substance in the plea of learned counsel for the CBI that routine matters should not be entrusted to the CBI as the investigating agencies of various States can effectively investig....