When an investigation is transferred to a specialized agency after local authorities have filed a report, both reports must be considered by the trial court. To ensure comprehensive adjudication, the trial record should be transferred to the specialized court handling the specialized agency's report.

JUDGMENT :

N.S. SHEKHAWAT, J.

1. The Central Bureau of Investigation, (hereinafter to be referred as ‘the CBI’), has filed the present petition with the prayer to transfer the record of trial arising out of FIR No. 173 dated 03.09.2015 registered under Sections 302 and 34 IPC at P.S. Simlapuri, Ludhiana, Punjab, which is pending at Ludhiana to the Court of Special Judicial Magistrate, CBI Mohali.

2. Learned counsel for the petitioner has vehemently argued that initially one FIR No. 173 dated 03.09.2015 under Sections 302 and 34 IPC, P.S. Simlapuri, Ludhiana, Punjab (Annexure P-1) was got registered by Kamalesh Chaudhary by alleging that his elder daughter Inder Rekha was kidnapped by someone and later on the dead body of his daughter was recovered near Barewal Power Grid. In the meantime, the complainant approached this Court by way of CRM-M-38943 of 2015 and prayed for handing over the investigation in case FIR No. 173 dated 03.09.2015 (Annexure P-1) to Central Bureau of Investigation. Vide order dated 22.12.2016, the petition filed by the complainant was allowed and the Central Bureau of Investigation had taken over the investigation and FIR No.RC0512017S0007 dated 01.03.2017 Police Station CBI, SCB, Chandigarh, was ordered to be registered by the CBI.

3. Learned counsel further submits that before the transfer of the FIR to CBI, the local police had already filed a challan in the FIR No.173 dated 03.09.2015 (Annexure P-1) and the trial arising out of the said challan is still pending in the Court of Additional Sessions Judge, Ludhiana. Learned counsel further submits that after conducting the investigation, the CBI filed a closure report on 31.01.2020 in the court of Special Judicial Magistrate, CBI, Mohali. However, the Special Judicial Magistrate, CBI, declined the said closure report vide order dated 11.02.2022 and sent it back to CBI for conducting further investigation. Again, the CBI filed an “untrace report” on 12.01.2023 in the Court of Special Judicial Magistrate, CBI, SAS Nagar, Mohali. Learned counsel submits that at present, the final report submitted by CBI is pending before the Court of Special Judicial Magistrate, CBI, at SAS Nagar and the original record of challan filed by local police may also be transferred to the same Court so that the trial may be held by the Special Court, CBI, at Mohali itself. Learned counsel further submits that in the present case, the CBI has stepped into as the investigating agency and both the final reports have to be considered and tried by the Special Court at Mohali.

4. On the other hand, learned counsel appearing on behalf of State of Punjab has no serious objection to the limited prayer made by the learned counsel appearing on behalf of the petitioner.

5. I have heard learned counsel for the parties and perused the record carefully.

6. The Hon'ble Supreme Court has held in the matter of Vinay Tyagi Vs. Irshad Ali @ Deepak and others , 2013 (2) RCR (Criminal) 197 : 2013 (2) Recent Apex Judgments (RAJ) 69 as follows:-

“46. We are unable to accord approval to the view taken by the High Court. The judgment in the case of K. Chandrasekhar (supra), firstly does not state any proposition of law. It is a judgment on peculiar facts of that case. Secondly, it has no application to the present case. In that case, the investigation by the police was pending when the investigation was ordered to be transferred to the CBI. There the Court had directed that further investigation had to be continued by