Point of Law : Criminal Conspiracy - Quash of FIR - When investigation is underway any attempt to sieve through material with fine gauze to ascertain existence or otherwise of ingredients of offences is uncalled for - FIR is not an encyclopedia and purpose of investigation is to unearth truth.

JUDGMENT :

1. Rule. Rule made returnable forthwith and, with the consent of the Counsels for the parties, heard finally.

2. The petitioner, who is the former Home Minister of the State of Maharashtra, has preferred this petition under Article 226 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973, (for short “the Code”) for a writ, direction or order to quash and/or set aside First Information Report (for short “FIR”) bearing RC No.2232021A0003, dated 21st April, 2021, registered by the Central Bureau of Investigation (“CBI”) - respondent no.2, and all the consequent proceedings initiated pursuant to the said FIR. The aforesaid FIR came to be registered consequent to preliminary enquiry ordered by a Division Bench of this Court by order dated 5th April, 2021, in Writ Petition No.1541 of 2021, filed by Dr. Jayshree Patil – respondent no.3-inperson.

3. To begin with, it may be apposite to briefly note the circumstances in which the aforesaid order dated 5th April, 2021, directing a preliminary enquiry, came to be passed.

(a) The genesis is in an FIR bearing CR No.35 of 2021, registered with Gamdevi Police Station, in connection with the occurrence wherein a gelatin laden SUV was found near the residence of an industrialist. Eventually, the National Investigation Agency (“NIA”) took over the investigation in the said crime. As the investigation allegedly revealed the complicity of Mr. Sachin Vaze, the then API attached to Crime Investigation Unit of Crime Branch, Mumbai, he was arrested. In the wake of the controversy, Mr. Param Bir Singh, the then Commissioner of Police was transferred as Commandent General, Home Guards, Maharashtra, by an order dated 17th March, 2021.

(b) The petitioner, who was then holding the office of Home Minister, alleges that, in retaliation to the transfer, Mr. Param Bir Singh addressed a letter, dated 20th March, 2021, to the Hon’ble Chief Minister, making wild, malafide and unjustified allegations. As the said letter came in the public domain, respondent no.3 lodged a complaint with Malbar Hill Police Station annexing thereto a copy of the letter addressed by Mr. Param Bir Singh.

4. Mr. Param Bir Singh filed a Writ Petition (Civil) No. 385 of 2021, before the Supreme Court seeking, inter alia, a direction to the Central Bureau of Investigation to conduct impartial, unbiased and fair investigation, in the various “corrupt malpractices” of the petitioner. It was withdrawn with liberty to approach the High Court. PIL Petition No.6 of 2021 (Param Bir Singh s/o Hoshiyar Sing vs. The State of Maharashtra & ors.) was filed by Mr. Param Bir Singh for the aforesaid relief. In addition, a direction was sought against the State of Maharashtra to ensure that transfer and posting of police officials are neither done on any consideration of pecuniary benefits to any politician nor in contravention of the direction of the High Court in Prakash Singh & ors vs. Union of India & ors., (2006) 8 SCC 1 . Dr. Jayahree Patil – respondent no.3 herein, preferred Writ Petition No.1541 of 2021, again seeking an unbiased, uninfluenced, impartial and fair investigation in various “corrupt malpractices” of the petitioner and others, who were named in her complaint. Mr. Ghanshyam Upadhyaya preferred a PIL, being Criminal Public Interest Litigation (ST) No.6072 of 2021, for thorough investigation. All these petitions, along with Criminal Public Interest Litigation (ST) No.6166 of 2021, filed by Mr. Mohan Prabhakar Bhide, seeking appointment of a Committee headed by a retired Judge of the Supreme Court or this Court to investigate the allegations made by Mr. Parm Bir Singh, were heard and disposed of by the Division Bench (Coram: Hon’ble The Chief Justice and G. S. Kulkarni, J) by order dated 5th April, 2021.

5. This Court recorded that the allegations in the letter of Mr. Param Bir Singh, were serious in nature and against the highest functionary of the Government of Maharashtra, when it came to functioni