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Supreme Court of India · body

2007 DIGILAW 1336 (SC)

Bhanu Pratap Singh Dhakray v. Kamla Pandey

2007-09-10

D.K.JAIN, K.G.BALAKRISHNAN, R.V.RAVEENDRAN

body2007
ORDER : 1. Heard learned senior counsel for the petitioner and learned ASG for the Central Bureau of Investigation. 2. Learned ASG appearing for the CBI has submitted that the investigation of the case in which the petitioner is allegedly involved is already at the advance stage and the statements of 47 witnesses have already been recorded by the CBI and further investigation is in progress. As soon as the investigation is complete, the CBI may file the final report before the appropriate court. 3. Learned senior counsel for the petitioner submits that earlier the investigation of the present case was carried out by C.B.C.I.D. which after investigation prepared a final report and the present investigation has been initiated at the instance of State Human Rights Commission and the petitioner is seriously prejudiced. It is contended that if the earlier final report is accepted by the court, the further investigation conducted by CBI was unnecessary and illegal as it was done without seeing permission of Court under Section 173(8) of Cr.P.C. 4. The present petition is disposed of with liberty to the petitioner to raise all such objections when the final report is submitted by the investigation agency before the appropriate Court.