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2015 DIGILAW 1651 (SC)

Subrata Chattoraj v. Union of India

2015-11-30

CHOCKALINGAM NAGAPPAN, T.S.THAKUR

body2015
ORDER : Heard. 2. We had by our order dated 9th May, 2014 directed transfer of cases registered against 44 companies, mentioned in our order dated 26th March, 2014, passed in Writ Petition (C) No.413 of 2013. We had also permitted C.B.I. to conduct further investigations into all such cases in which chargesheets had already been filed. The present application (I.A. No.20) now seeks a direction to the C.B.I. to take over the investigation of 17 cases registered against Seashore Group of companies in terms of the directions, mentioned above. 3. Mr. Suresh Chandra Tripathy, learned counsel appearing for the applicant, submits that Seashore is one of the 44 companies, mentioned in our order dated 26th March, 2014. He submits that the cases registered against the said companies also stood transferred to the C.B.I. for investigation. He submits that according to his instructions as many as 39 cases have been registered against the said company, all of which have not been taken up by the C.B.I. for investigation despite the direction of this Court. He prays for a direction to the C.B.I. to take up investigation in the remainder of the cases. 4. Mr. Ranjit Kumar, learned Solicitor General, and Mr. Maninder Singh, learned Additional Solicitor General, appearing for the respondents, submit that there are in all 39 different cases registered against Seashore Group of companies. Investigation in as many as 17 such cases has already been completed by the jurisdictional police and chargesheets filed before the jurisdictional Magistrates. The remaining 22 cases alone were therefore under investigation when the transfer order was passed by this Court. It is submitted by Mr. Kumar that investigation in all these 22 cases was taken up by the C.B.I. and in one of such case the same stands completed and a charge sheet filed. He submits that further investigation in cases that have already been presented before the jurisdictional Magistrates by the State Police will also be in due course taken up, if necessary, and appropriate supplementary chargesheets filed wherever such investigation is conducted. That submission in our view obviates the need for any further direction in this application. The C.B.I., it is evident, fully cognizant of the order passed by this Court and its obligation to investigate the cases against Seashore Group of Companies which is one of the 44 companies, referred to in our order. That submission in our view obviates the need for any further direction in this application. The C.B.I., it is evident, fully cognizant of the order passed by this Court and its obligation to investigate the cases against Seashore Group of Companies which is one of the 44 companies, referred to in our order. We only hope and trust that the C.B.I. expedites the completion of the investigation and filing of the chargesheets in all such cases in which the same have not been filed. The C.B.I. would also obviously review the need for holding further investigation under Section 173(8) of the Cr.P.C. in cases where chargesheets have already been filed by State Police. 5. With these observations, this application (I.A.No.20) is disposed off. 6. At this stage, Mr. Joydeep Mazumdar, learned counsel for the State of West Bengal, points out that pursuant to a direction issued by this Court on 24th August, 2015, the State of West Bengal has already sent a panel of officers to the C.B.I. to enable it to select officers to be taken on deputation to that Agency. Mr. Kumar has been given a copy of communication dated 29th September, 2015 from the Additional Director General of Police (Administration), Government of West Bengal, to the Deputy Inspector General of Police, C.B.I. He submits that if the panel of officers has been submitted to C.B.I. it will waste no time in making an appropriate selection of suitable officers considered fit for deputation to the C.B.I.