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2007 Supreme(SC) 910

ARIJIT PASAYAT, B.P.SINGH
Central Bureau of Investigation – Appellant
Versus
State of Gujarat – Respondent


Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  • Routine matters where there is no complexity should not be entrusted to the CBI, as the investigation of such cases can be effectively handled by the local investigating agencies (!) (!) .
  • The High Court correctly held that the CBI is a litigant like any other and cannot be placed in a privileged position; therefore, petitions challenging orders related to investigation should be filed before the appropriate courts, such as the Sessions Court, under the relevant procedural provisions (!) (!) .
  • The High Court was justified in observing that the CBI bypassed the proper remedy by directly approaching the High Court instead of first approaching the Sessions Court, which was the appropriate forum (!) .
  • The High Court's criticism of the CBI and the imposition of costs lacked legal sanction and were not justified, as there was no basis to doubt the bona fides of the CBI in moving the petition under the relevant section of the criminal procedure code (!) .
  • The investigation in this case involved a routine theft of Muddamal property, which did not involve any special complexity, and therefore, the decision to direct the CBI to investigate was unwarranted (!) .
  • The Court reaffirmed that under the relevant procedural provisions, either the Sessions Court or the High Court could be approached for such matters, but the proper procedure was to first seek remedy through the Sessions Court (!) .
  • The appeal was allowed, and the orders of the High Court setting aside the earlier orders and criticizing the CBI were reversed, emphasizing that the CBI's actions were bona fide and within the scope of law (!) .

Please let me know if you need further analysis or assistance.


JUDGMENT

Dr. ARIJIT PASAYAT, J.—

1.Challenge in this appeal by the Central Bureau of Investigation (in short CBI”) is to the order passed by a learned Single Judge of the Gujarat High Court dismissing the petition filed to set aside the orders dated 29.9.1999 and 26.10.1999 passed by the learned Chief Judicial Magistrate, Nadiad. By the first order, the learned Chief Judicial Magistrate had directed the investigation of the case to be undertaken by CBI. By the latter order, the prayer to recall the earlier order was rejected.

2.The brief facts are as follows :

“Special A.C. B. Case No.2 of 1996 came up for hearing and evidence for the first time on 7.1.1999 before Additional Sessions Judge, Nadiad and at that time the Bench Clerk of the aforesaid court called for Muddamal from the office of Nazir, which was given to the clerk Shri Shukla and in turn given to Shri Kiran Joshi, Senior Clerk. During the recording of the evidence of the witnesses when Muddamal was required to be identified, in the bag containing Muddamal article No.2 (Rs.35000/- i.e. 70 notes of Rs.500/- denomination) could not be found therein. Though rigorous search was made but the said Muddamal was not found and ultima





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