2006 Supreme(Del) 1056

High Court Of Delhi
SHEESH RAM SAINI` - Appellant
Versus
THE STATE (NCT OF DELHI) - Respondent
Decided On : 06/26/2006

Headnote:

R. C. JAIN, J. ( 1 ) DELHI Special Police Establishment, commonly known as Central Bureau of investigation (CBI), is a special police force constituted under the Delhi special Police Establishment Act, 1946 (Act 25 of 1946 ). Initially, the said police force was setup by the Central Government for the purpose of investigating offences of bribery and corruption connected with the departments of the Central Government. Having regard to the useful work of this force, its sphere and jurisdiction was extended not only to the offences relating to person and property under the Indian Penal Code and various other statutes committed anywhere within the territory of the country. Over the period, CBI has emerged as one of the premier investigating agencies of the country by virtue of its track record of detecting, investigating and prosecuting some of the most important, complex and intricate criminal cases of the country. The citizens of the country and the courts regard it to be a specialized investigating agency equipped with skilled investigators and most modern and sophisticated infrastructure. In fact, the people look up to CBI for the investigation of most heinous, complex and intricate criminal cases. Hundreds of petitions are filed in various High Courts and the Apex Court seeking entrustment of investigation of criminal cases to CBI on the premises that the investigation carried out by the local police or its specialized wings or other investigating agencies have failed to perform their task in a just fair, proper and impartial manner or these agencies not possessing the requisite skill or having failed to workout the crime and book the offenders. The courts have in umpteen number of cases have allowed such prayers and have entrusted the investigation of criminal cases to CBI by reposing great faith in this organization. The personnel who man this premier organization are either recruited directly or are drawn from various State police forces or Central Police organizations having regard to their impeccable record of work and conduct in those forces/organizations. The personnel of this organization are usually treated in high esteem on account of those qualities and skill and proven record. However, any organization, howsoever high it may be, is after all manned by human beings who are not always infallible. Instances are not rare when the CBI personnel were also caught on wrong foot and their conduct commented upon adversely by the courts. The present case tends to highlight such like conduct of the two officers of CBI which conduct in the reckoning of the petitioner will constitute certain criminal offence (s ).

Fact of the Case:

Through this petition under Article 226 of the Constitution of India the petitioner seeks a direction / writ in the nature of mandamus directing respondent no. 1, i. e. , the State (Govt. of NCT of Delhi) to register an FIR against respondent nos. 2 and 3 for having committed offences under Sections 218/463/465/469/166/120-B of the Indian Penal Code and to launch prosecution against them in accordance with law.

Finding of the Court:

The enquiry officer has not been correct in his approach when he finally concluded that the non-preparation of seizure memos contemporaneously was merely an irregularity on the part of the investigating officer which did not constitute any cognizable offence.

Issues: Whether the seizure memos prepared by respondent no. 2 are incorrect documents which act falls within the mischief of Sections 218/463/469/166/120-B IPC.

Ratio Decidendi: Preparation of the seizure memo in the above circumstances would attract the penal provisions. Merely because the said seizure memos were prepared by an investigating officer during the course of investigation of a crime will not carve out any exception. Law does not envisage that if such like offences are committed by a police officer during the course of an investigation, he shall not be liable for the said offences. Such like acts cannot be brushed aside lightly by branding them mere procedural irregularities committed by an Investigating Officer during the course of investigation of a crime.

Final Decision: The present petition is partly allowed and the Special Cell of Delhi Police is directed to register a case on the basis of allegations contained in the complaint dated 5. 7. 2001 lodged by the petitioner with police station Lodhi Colony and those contained in the present petition. The investigation shall be conducted by an officer not below the rank of Assistant Commissioner of Police in the said Cell independently and uninfluenced by the findings and observations contained in the report of enquiry dated 26. 4. 2005 conducted by the Joint Director, CBI.