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2019 Supreme(Gau) 442
IN THE HIGH COURT OF GAUHATI
RUMI KUMARI PHUKAN, J.
Rahul Kumar - Appellant
Versus
Central Bureau of Investigation CBI and another - Respondents
Crl.Pet. 807 of 2013
Decided On : 11-04-2019
For the Appellant :Mr. J.I. Borbhuiya. Advocate.
For the Respondent: Mr. S.C. Keyal, Standing Counsel.
Headnote:
Indian Penal Code – Sections 120-B, 420, 471 – Delhi Special Police Establishment Act, 1946 – Juvenile Justice (Care and Protection of Children) Act, 2000 – Section 7(A) – Criminal Procedure Code – Section 482 – Investigation Issue – By filing this petition the petitioner prays for setting aside and quashing the entire proceeding originating from the FIR along with consequential order passed on Petition by the learned Juvenile Justice Board at Dibrugarh – The case of the petitioner is that the C.B.I., without having any notification of the concerned authority or any order from any Court, registered an FIR vide FIR and started investigation of the matter, despite the fact that the CBI was not granted consent as required under the law – On completion of the investigation, charge sheet was filed before the learned Special Judicial Magistrate, 1st Class, Assam at Guwahati – Held, it would be an abuse of process of the court to allow any action which would result in injustice and prevent promotion of justice – In exercise of the powers court would be justified to quash any proceeding if it finds that initiation/continuance of it amounts to abuse of the process of court or quashing of these proceedings would otherwise serve the ends of justice – The High Court being the highest court of a State should normally refrain from giving a prima facie decision in a case where the entire facts are incomplete and hazy, more so when the evidence has not been collected and produced before the Court and the issues involved, whether factual or legal, are of magnitude and cannot be seen in their true perspective without sufficient material – Of course, no hard-and-fast rule can be laid down in regard to cases in which the High Court will exercise its extraordinary jurisdiction of quashing the proceeding at any stage – Petition Dismissed
JUDGMENT :
1. Heard Mr. J.I. Borbhuiya, learned counsel appearing for and on behalf of the petitioner as well as Mr. S.C. Keyal, learned standing counsel for the C.B.I., appearing for the respondent No.1.
2. By filing this petition u/s.482, read with Section 397/401 CrPC, the petitioner prays for setting aside and quashing the entire proceeding of C.R. Case No.1183C/2009, originating from the FIR No.RC.2/S/2007-Kol, dated 21.06.2007 along with consequential order dated 27.09.2013, passed on Petition No.104, by the learned Juvenile Justice Board at Dibrugarh.
3. The case of the petitioner is that on 21.06.2007, the C.B.I., without having any notification of the concerned authority or any order from any Court, registered an FIR vide FIR No.RC.2/S/2007-Kol, dated 21.06.2007 and started investigation of the matter, despite the fact that the CBI was not granted consent as required under the law. On completion of the investigation, charge sheet was filed before the learned Special Judicial Magistrate, 1st Class, Assam at Guwahati. Accordingly the learned trial Court registered the C.R. Case No.1183C/2009, u/s.120-B/420/471 of the IPC and took cognizance of the case vide order dated 26.03.2009 and issued summons to the petitioner.
4. According to the petitioner the CBI had no document to show that the CBI had any authority under the provisions of the Delhi Special Police Establishment Act, 1946, as amended up-to-date or any consent/order/direction of the Court to register and to investigate the case. After appearing in case the petitioner on 11.06.2009 filed the petition No.1506, before the learned Special Judicial Magistrate u/s.7(A) of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the J.J. Act) and the learned trial Magistrate, vide order dated 10.08.2009 declared that the petitioner was entitled to the benefit under the J.J. Act and accordingly declaring him as juvenile, directed to appear before the Juvenile Justice Board at Guwahati, vide order dated 14.10.2009.
5. After appearance before the Juvenile Justice Board, Guwahati the petitioner by a petition being No.1012/2009, seeks transfer of the case from the learned Juvenile Justice Board at Guwahati to the Juvenile Justice Board at Lakhisarai, Bihar as his native village was at Lakhisarai and the learned trial Court, vide order dated 11.11.2009, without taking any decision upon the petition of the petitioner, directed the petitioner to appear before the learned Juvenile Justice Board at Dibrugarh.
6. The petitioner, after appearing before the Juvenile Justice Board at Dibrugarh again moved a petition for transferring the case on 05.10.2010 for transferring the case from Juvenile Justice Board at Dibrugarh to the Juvenile Justice Board at Lakhisarai, Bihar but the Juvenile Justice Board at Dibrugarh rejected the prayer by order dated 14.05.2010, on the ground that the case is at premature stage. Thereafter the petitioner moved another petition on 08.04.2011, under Rule 13, SubRule (6),(7) and (8) of the Juvenile Justice (Care and Protection of Children) Rules, 2007 (hereinafter referred to as the J.J. Rules), with a prayer to terminate the proceeding as under the provision, it was mandatory on the part of the J.J. Board to complete the proceeding within a period of four months. His prayer was also rejected and proceeded for recording the evidence.
7. Thereafter on completion of the evidence, the petitioner again moved a petition under Rule 78(i)(iii) of the J.J. Rules, seeking transfer of the case to Lakhisarai but same was not considered and rejected on the ground that the evidence/inquiry not completed, vide order dated 27.09.2013.
8. Challenging all above orders, the present petition has been preferred on the ground that due to non-consideration of the prayer of the petitioner under the relevant provisions, the entire proceeding is vitiated and the petitioner is deprived of Natural Justice and has made the prayer for setting aside and qu
