TMI Blog2011 (9) TMI 954X X X X Extracts X X X X X X X X Extracts X X X X ..... ondent no.3 lodged FIR No. 82 at Police Station City-I, Moga against Simran Kaur @ Indu and her husband Ajay Kumar alleging offences under Sections 366, 376, 406, 420, 506, 344 read with Section 34 of the Indian Penal Code, 1860 (for short `the IPC'). Pursuant to the FIR, Simran Kaur and Ajay Kumar were arrested on 19.04.2007, but Ajay Kumar managed to escape from the custody of police and FIR No. 83, Police Station City-I, Moga dated 19.04.2007 under Section 224 of the IPC was registered against him. In course of investigation of the case, respondent no.3 made a statement before the police under Section 161 of the Code of Criminal Procedure, 1973 (for short `the Cr.P.C.') on 23.04.2007 naming 14 other persons who had sex with her against her will and some of these persons were arrested by Sub-Inspector Raman Kumar. The statement of respondent no.3 was recorded on 25.04.2007 under Section 164 of the Cr.P.C. by the Chief Judicial Magistrate, Moga. On 08.05.2007, the investigation of the case was entrusted to Inspector Amarjit Singh, S.H.O. PS City-I, Moga. Some of the persons named by respondent no.3 in her statements were found to be innocent and were released. After compl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was published in the Hindustan Times headlined `Moga Sex Scandal' and two ladies, namely, respondent no.3 of Village Varsaal and her relative Manjeet Kaur of Village Badduwal had been arrested. This news was also published in the Tribune dated 12.11.2007. 5. The High Court took suo motu notice of the news items and issued notices to the State of Punjab, Senior Superintendent of Police, Moga and Deputy Inspector General of Police, Ferozpur Range and directed the Deputy Superintendent of Police, Bhupinder Singh, who was investigating into the case, to file the status report of the investigation on the next date of hearing. On 15.11.2007, Bhupinder Kumar was arrested and FIR No. 225 was registered at Police Station Tarawari, Distt. Karnal under Sections 376, 342 and 34 of the IPC against him. On 19.11.2007, status report was submitted before the High Court by Deputy Superintendent of Police, Bhupinder Singh stating that the investigation is still in progress. On 19.11.2007, a Criminal Miscellaneous Application was moved by an advocate on behalf of Bhushan Garg and Inderjit Singh, two Municipal Councilors of Moga, alleging that at the instance of local influential political pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on City-I, Moga, and, therefore, no direction could be given to the CBI to conduct the investigation into the case. He cited the observations of this Court in Vineet Narain v. Union of India [(1998) 1 SCC 226] that the task of the monitoring Court would end the moment charge sheet was filed in respect of a particular investigation and thereafter the ordinary procedure of law would then take over. He submitted that after the charge sheet is filed, the Court has powers under sub-section (8) of Section 173 of the Cr.P.C. to direct further investigation by the police, but the Court has no power to direct a fresh investigation or reinvestigation into the case by the police. He submitted that the High Court, therefore, could not have directed the CBI to start a fresh investigation or reinvestigation of the case after the police had filed charge sheet under sub-section (2) of Section 173 of the Cr.P.C. In support of this submission, he cited the decision of this Court in Mithabhai Pashabhai Patel v. State of Gujarat [(2009) 6 SCC 332] in which this Court made a distinction between further investigation and reinvestigation and held that under sub-section (8) of Section 173 of the Cr.P.C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nvestigation and has directed the investigation by the CBI in the interest of justice in exercise of its powers under Section 482 of the Cr.P.C. 11. Mr. Raval further submitted that pursuant to impugned order of the High Court the CBI has carried out the investigation into the cases and the status report of the cases is as follows: S.No. CBI Case No. Local Police Case No. Status of the case1. RCCHG2007S0031 FIR No. 82, 1) Investigation completed, dated 18.04.2007 of which revealed that a false P.S. City I, Moga. rape case was registered by the Moga Police Charge sheet has been filed under Sections 366-A and 406 of the IPC and Sections 4 5 of the Immoral Traffic (Prevention) Act, 1956 against two persons, namely, Simran Kaur @ Indu and Ajay Kumar on 10.11.2008. 2. RCCHG2007A0030 FIR No.198, Investigation completed dated 24.10.2007 of and charge sheet has been P.S. City I, Moga. filed in Court on 09.11.2009 in which the senior police officers of the rank of SSP and SP are sought to be prosecuted after sanction from the Central Government. 3. RCCHG2008S0003 FIR No.83, 1) Investigation completed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hing in this Section shall be deemed to preclude further investigation in respect of an offence after a report under Sub-Section (2) has been forwarded to the Magistrate and, where upon such an investigation, the officer in charge of the police station obtains further evidence, oral or documentary, he shall forward to the Magistrate a further report or reports regarding such evidence in the form prescribed; and the provisions of sub-sections (2) to (6) shall, as far as may be, apply in relation to such report or reports as they apply in relation to a report forwarded under sub-section (2) . Section 482. Saving of inherent power of High Court - Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice . 13. Sub-section (1) of Section 173 of the Cr.P.C. provides that every investigation by the police shall be completed without unnecessary delay and sub-section (2) of Section 173 provides that as soon as such investigation is completed, the officer in charge of the pol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inarily issue such a direction. Pasayat, J. in Ramachandran v. R. Udhayakumar [(2008) 5 SCC 413] opined as under: (SCC p. 415, para 7) 7. At this juncture it would be necessary to take note of Section 173 of the Code. From a plain reading of the above section it is evident that even after completion of investigation under sub-section (2) of Section 173 of the Code, the police has right to further investigate under sub-section (8), but not fresh investigation or reinvestigation. A distinction, therefore, exists between a reinvestigation and further investigation. 15. The investigating agency and/or a court exercise their jurisdiction conferred on them only in terms of the provisions of the Code. The Courts subordinate to the High Court even do not have any inherent power under Section 482 of the Code of Criminal Procedure or otherwise. The pre-cognizance jurisdiction to remand vested in the subordinate courts, therefore, must be exercised within the four corners of the Code. It is clear from the aforesaid observations of this Court that the investigating agency or the Court subordinate to the High Court exercising powers under Cr.P.C. have to exercise the powers within t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Mehta (Taj Corridor Scam) v. Union of India [(2007) 1 SCC 110], loses all significance . Though the decision of this Court in Nirmal Singh Kahlon v. State of Punjab Ors. (supra) is in the context of the power of the High Court under Article 226 of the Constitution, the above observations will equally apply to a case where the power of the High Court under Section 482 of the Cr.P.C. is exercised to direct investigation of a case by an independent agency to secure the ends of justice. 17. This leads us to the next question whether the High Court in the facts of the present case passed the order for investigation by the CBI to secure the ends of justice. The reasons given by the High Court in the impugned order dated 11.12.2007 for directing investigation by the CBI are extracted herein below: The Investigating Officer, who is a D.S.P. in rank, will not be in a position to investigate the case fairly and truthfully, as senior functionaries of the State in the Police Department and political leaders are being named. By this we are not casting any doubts on the investigating team, but it seems that political and administrative compulsions are making it difficult for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case arising out of FIR No.82 of P.S. City I, Moga, till further orders. Thus, the High Court was of the view that even though investigation is complete in one case and charge sheet has been filed by the Police, it was necessary in the ends of justice that the CBI should carry out an investigation into the case. 18. In the recent case of State of West Bengal and Others v. Committee for Protection of Democratic Rights, West Bengal and Others [(2010) 2 SCC 571] a Constitution Bench of this Court, while holding that no Act of Parliament can exclude or curtail the powers of the High Court under Article 226 of the Constitution, has cautioned that the extra-ordinary powers of the High Court under Article 226 of the Constitution must be exercised sparingly, cautiously and in exceptional situations where it becomes necessary to provide credibility and confidence in investigation or where the incident may have national or international ramifications or where such an order may be necessary for doing complete justice and enforcing fundamental rights. This caution equally applies to the cases where the High Court exercises inherent powers under Section 482 of the Cr.P.C. to direct inves ..... X X X X Extracts X X X X X X X X Extracts X X X X
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