Dinesh Kumar Tiwary, son of Gorakh Tiwary v. Union of India, through Central Bureau of Investigation, Ranchi
2022-04-22
SANJAY KUMAR DWIVEDI
body2022
DigiLaw.ai
JUDGMENT : 1. This petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard. 2. Heard Mr. Sumeet Gadodia, learned counsel for the petitioner, Ms. Bandana Sinha, learned counsel for the State and Mr. Prashant Pallav, assisted by Mr. Navneet Sahay, learned counsel for the respondent-C.B.I. 3. This petition has been filed for direction upon the respondent-State including respondent nos. 2 and 3 to transfer the investigation of the case pertaining to Lower Bazar P.S. Case No. 289 of 2017, corresponding to G.R. No. 4518 of 2017, pending in the Court of learned Judicial Magistrate, Ranchi to the Central Bureau of Investigation. 4. Mr. Sumeet Gadodia, learned counsel for the petitioner submits that the Hon’ble Division Bench in W.P.(PIL) No. 3718 of 2013 has transferred the case to the Central Bureau of Investigation with regard to the fraud made by M/s Sanjeevani Buildcon. He further submits that the petitioner is also victim of M/s Sanjeevani Buildcon. He further submits that earlier this Court has directed the State as well as C.B.I. to file counter-affidavit to the effect as to whether they are willing to transfer the case and take over the investigation by the C.B.I or not. 5. Pursuant thereto State has also filed counter-affidavit. Para 8 of the counter-affidavit is quoted here-in-below:- “8. That it is stated and submitted that so far, transfer of investigation of this case to the Central Bureau of Investigation is concerned, investigation of this case may be handed over to the Central Bureau of Investigation (CBI) as several other similar cases have already been handed over to the CBI. The Central Bureau of Investigation (CBI) may be directed to take up the investigation of this case, as the same direction has been made by this Hon’ble Court in similar matter i.e. Annexure-8 to the writ application.” 6. C.B.I. has also filed counter-affidavit. Para 7 of the counter-affidavit is quoted here-in-below:-. “7. That since the Respondent CBI has already conducted investigation of 33 cases of State Police, as such the present case of Lower Bazar P.S. No. 289/2017, can be taken up for investigation, as and when necessary order is passed by this Hon’ble Court.” 7.
C.B.I. has also filed counter-affidavit. Para 7 of the counter-affidavit is quoted here-in-below:-. “7. That since the Respondent CBI has already conducted investigation of 33 cases of State Police, as such the present case of Lower Bazar P.S. No. 289/2017, can be taken up for investigation, as and when necessary order is passed by this Hon’ble Court.” 7. Learned counsel for the respondent-State and C.B.I jointly submit that if the case is transferred to C.B.I for investigation, they have no objection. 8. In view of above facts and considering the submission of the learned counsel for the parties and considering the order of the Division Bench passed in W.P.(PIL) No. 3718 of 2013, this matter is directed to hand over to the Central Bureau of Investigation (CBI). The C.B.I. is directed to take up the case at the earliest and continue investigation in accordance with law. 9. With the above observation and direction, the writ petition stands allowed and disposed. Pending I.A., if any stands disposed of.