Seeking status of investigation from cbi
Dr G V Rao
(Querist) 12 July 2012
This query is : Resolved
This is my case. I had filed a case of corruption within my department to the tune of Rs 100 crores in the Hyderabad CBI Court. The CBI Court under 156 CrPC forwarded my complaint and passed orders on the CBI to investigate and report. The CBI in turn approached the High Court of AP questioning the powers of CBI Court in ordering an investigation. This all happened in 2009. The High Court is yet to admit the matter. No stay or any order has been passed by the High Court of AP and hence the waiting. The CBI too is not pursuing the matter to get listed the matter or get it disposed off. Now its 3 years since I filed the private complaint. My query is can I approach the CBI Court asking it to seek the status of investigation of my case from the CBI and also to monitor the investigation. Can I file such a prayer. If yes, can u help me with some Judgements so that it can make my case stronger.
ajay sethi
(Expert) 12 July 2012
if no stay has been passed bythe High court till date ,then order of CBI court stands . you can approach the CBi court as to whether pursuant to orders passed any investigations have taken place . as for CBI report .
ajay sethi
(Expert) 12 July 2012
In CBI vs. State of Rajasthan and another 2001 (3) SCC 333, the Hon'ble Supreme Court held that '' the Magistrate cannot order investigation by the CBI''
ajay sethi
(Expert) 12 July 2012
In Secretary, Minor Irrigation & Rural Engineering Services U.P. and others vs. Sahngoo Ram Arya and another 2002 (5) SCC 521 (vide para 6) , the Hon'ble Apex Court observed that although the High Court has power to order a CBI inquiry, that power should only be exercised if the High Court after considering the material on record comes to a conclusion that such material discloses prima facie a case calling for investigation by the CBI or by any other similar agency. A CBI inquiry cannot be ordered as a matter of routine or merely because the party makes some allegation.
-Nareshbhai Manibhai Patel vs State Of Gujarat And Ors4 ,In this ruling, it was held that under Section 156(3) of Cr.P.C., a Magistrate cannot direct C.B.I. to conduct an enquiry. A Court white exercising revisional powers put itself into the position of the Court passing the impugned order and then examines the question and revises the order if need be. Therefore, while exercising revisional powers this Court would not be competent to order an investigation through C.B.I. or C.I.D., as is prayed for by the revisioner.
R.K Nanda
(Expert) 12 July 2012
No more to add.
Guest
(Expert) 12 July 2012
As a matter of commonsense, if CBI court can inquire in to the cases lodged by the CBI in that court for proceedings under PC Act, the CBI court also seems to have the right to direct the CBI for investigation in to the reported case of corruption that too when that involves Rs. 100 crores. You may better approach the HC with an application for grant of urgent hearing stressing upon the corruption worth 100 crores.
Dr G V Rao
(Querist) 12 July 2012
Dear Sirs, thank you all very much for your valuable inputs. I have now decided, influenced by Shri PS Dhingraji's comment, that I shall straight go to High COurt and file an application of the urgency of the matter and file some more documents with my application to show how the offences are continuing.
Guest
(Expert) 12 July 2012
You are welcome.
