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2024 DIGILAW 309 (UTT)

Central Bureau of Investigation v. State of Uttarakhand

2024-05-06

RAKESH THAPLIYAL

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JUDGMENT : RAKESH THAPLIYAL, J. 1. In the present C482 application the applicant-CBI is challenging the order dated 10.11.2023 passed by the Special Judge (Prevention of Corruption) Act in Miscellaneous Criminal Case No. 01 of 2023 State vs. Brij Bihari Sharma and Others. 2. Brief facts are that the first information report was lodged by the Vigilance Establishment, Haldwani, on 08.08.2022 bearing FIR No. 06 of 2022 for the offences punishable under Sections 420, 466, 467 IPC r/w Section 3A and 3B of Forest Conservation Act, 1980, Indian Forest Act 1972 and Section 13(1)(a) Prevention of Corruption Act, 1988 (as amended in 2018), which was registered pursuant to the letter of the Government dated 09.11.2021. 3. After concluding the investigation in this FIR the Vigilance Establishment submitted the charge-sheet No. 1 of 2023 on 07.01.2021 and supplementary charge-sheet No. 1-A/2023 on 21.03.2023. Subsequently, the Division Bench of this Court by the judgment and order dated 06.09.2023 passed in WPPIL No. 178 of 2021 (Suo Moto) PIL-in the matter of illegal construction in Corbett Tiger Reserve vs. Union of India and Others and WPPIL No. 208 of 2023 Anu Pant vs. State of Uttarakhand and Others’, referred the matter to the CBI for proper and uninfluenced investigation, in accordance with law. In the judgment in paragraph-15 a reference of the letter dated 09.11.2021 has been given, whereby, the State Government directed the Director, Vigilance Establishment to initiate an open enquiry. 4. It is submitted by the learned counsel for the C.B.I. that this is the same letter the reference of which has been given in the FIR lodged by the Vigilance Establishment on 08.08.2022. The Division Bench of this Court in order dated 06.09.2023 by referring the matter to the C.B.I. for investigation also directed to all the authorities in the State to cooperate with the C.B.I. in conducting the fair investigation of the case. 5. Pursuant to the judgment passed by the Division Bench of this Court dated 06.09.2023 in WPPIL No. 178 of 2021 and WPPIL No. 208 of 2021 the C.B.I. registered the FIR bearing FIR No. RC0072023A0008 on 11.10.2023. 5. Pursuant to the judgment passed by the Division Bench of this Court dated 06.09.2023 in WPPIL No. 178 of 2021 and WPPIL No. 208 of 2021 the C.B.I. registered the FIR bearing FIR No. RC0072023A0008 on 11.10.2023. Thereafter, in the matter of T.N. Godavarman Thirumulpad vs. Union of India and Others, 2024 SCC Online SC 243, the Hon’ble Supreme Court on 06.03.2024 in reference to the subject matter of the PIL decided by this Court by the judgment and order dated 06.09.2023 passed the following directions. The extract of which are being reproduced hereunder: (E) The C.B.I. is directed to effectively investigate the matter as directed by the High Court of Uttarakhand at Nainital in its judgment and order dated 6th September 2023, passed in Writ Petition No. 178 of 2021. (F) The present proceedings shall be kept pending so that this Court can monitor the steps taken by the Authorities as well as the investigation conducted by the CBI. (G) We will consider issuing appropriate directions after the recommendations are received by this Court from the aforesaid Committee. We request the Committee to give its preliminary report within a period of three months from today. (H) The CBI shall submit a report to this Court within a period of three months from today. We request the learned ASG to communicate this order to the Director, CBI. (I) The State of Uttarakhand is directed to complete the disciplinary proceedings against the delinquent officers as expeditiously as possible and in any case, within a period of six months from today. The status report in this regard shall be submitted to this Court within a period of three months from today. 6. As per the direction ‘H’ the CBI was directed to submit a report within a period of three months. Learned counsel for the CBI submits that in compliance to the aforesaid direction the CBI has to submit a status report to the Hon’ble Supreme Court on or before 06.06.2024. 7. 6. As per the direction ‘H’ the CBI was directed to submit a report within a period of three months. Learned counsel for the CBI submits that in compliance to the aforesaid direction the CBI has to submit a status report to the Hon’ble Supreme Court on or before 06.06.2024. 7. Since, after filing of the charge-sheet a Miscellaneous Criminal Case No. 1 of 2023 was registered in the court of Special Judge (Prevention of Corruption Act), Kumaun Mandal, Haldwani, Nainital, consequently, an application was moved by the CBI under Section 309 of Cr.P.C. for postponing the proceeding of Miscellaneous Criminal Case No. 01 of 2023 on the ground that the matter was referred to the CBI for investigation and, therefore, the documents submitted with the charge-sheet by the Vigilance be handed over to the CBI so that the CBI may proceed with the investigation and submit a status report before the Hon’ble Supreme Court. The said application was rejected by the Special Judge (Prevention Corruption) Haldwani by an order dated 10.11.2023, against which the present C482 application is preferred. 8. The Special Judge (PC) rejected the application on the ground that there is no direction to the Court of Special Judge (Prevention Corruption) to suspend the proceedings of Miscellaneous Criminal Case No. 01 of 2023; therefore, in such a situation the application cannot be allowed and subsequently the application was rejected. 9. Learned counsel for the CBI submits that since this Court referred the matter to the CBI for investigation and subsequently the Hon’ble Supreme Court also directed the CBI to file the status report of the investigation by 06.06.2024 and all the documents relating to the investigation carried out by the Vigilance including the charge-sheet are in the court of Special Judge (PC); therefore, for proper investigation in compliance of the direction passed by this Court by judgment and order dated 06.09.2023 these documents are very necessary and should be handed over to the CBI. 10. Learned Brief Holder of the State Mr. 10. Learned Brief Holder of the State Mr. Saurabh Pande submits that since the directions has already been issued to the CBI for investigation and the Hon’ble Supreme Court also directed to submit the status report on or before 06.06.2024; therefore, all the documents relating to the investigation carried out by the Vigilance including the charge-sheet, which has been submitted in the Court of Special Judge (PC) should be handed over to the CBI; therefore, he fairly submits that this application should be allowed. 11. After taking into consideration all these aspects and particularly taking into consideration that since the High Court by order dated 06.09.2023 transferred the investigation to the CBI and the Hon’ble Supreme Court also by an order dated 06.03.2024 directed to the Director, CBI, to submit the status report by 06.06.2024; therefore, the Special Judge (PC) Kumaon Mandal, Haldwani, District Nainital, is directed to hand over the entire record of the investigation including the charge-sheet to the CBI without any delay so that the CBI may go with the investigation in compliance to the directions issued by this Court by the judgment dated 06.09.2023 and CBI may also submit the status report by 06.06.2024 before the Hon’ble Supreme Court in compliance of direction of the Hon’ble Supreme Court dated 06.3.2024. 12. In view of the observation, as made above, the present C482 application is disposed of finally.