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IN THE HIGH COURT OF ALLAHABAD
B. P. SINGH
ZULFIQAR BEG ALIAS BABY - Appellant
Versus
STATE OF UTTAR PRADESH - Respondents
CIV. MISC. PETN. 2253 Of 1991
Decided On : 02/18/1991
CRIMINAL PROCEDURE CODE - SECTION 173(8) - INVESTIGATION - CONTINUATION AFTER CHARGE-SHEET SUBMISSION - POWER OF EXECUTIVE WING OF STATE GOVERNMENT - SECTION 156(3) - MAGISTRATE'S POWER TO DIRECT FURTHER INVESTIGATION - SECTION 3 - STATE GOVERNMENT'S POWER OF SUPERINTENDENCE - STAY OF PROCEEDINGS - MAGISTRATE'S DISCRETION - ABUSE OF PROCESS.
Fact of the Case:
The petitioner, Zulfiqar Beg, was implicated in a murder case and an FIR was lodged against him. The investigation was initially conducted by the local police, but later transferred to the C.B.C.I.D. on the petitioner's request. However, the State Government subsequently ordered the investigation to be handed back to the local police. The petitioner challenged this order in the High Court, which directed that the investigation be transferred back to the C.B.C.I.D. The C.B.C.I.D. started the investigation but could not complete it within the time frame set by the High Court. Meanwhile, the local police submitted a charge sheet against the petitioner in the Magistrate's court, and the Magistrate issued a non-bailable warrant against him. The petitioner filed a revision petition against the Magistrate's order, which was dismissed by the Sessions Judge. The petitioner then approached the High Court again, seeking to quash the Magistrate's and Sessions Judge's orders and stay further proceedings in the case until the C.B.C.I.D. submitted its report.
Finding of the Court:
The High Court held that the executive wing of the State Government has the power to direct further investigation in a case even after a charge sheet has been submitted by the investigating agency and the Magistrate has taken cognizance of the offence. The Court also held that the Magistrate is not bound to stay the proceedings of a case simply because further investigation is ongoing. However, the Court noted that in special circumstances, the High Court may stay the proceedings in a Magistrate's court that has taken cognizance of a charge sheet if the investigation is being conducted by the State Government or the High Court.
Issues: 1. Whether further investigation in a case can be allowed to continue despite the submission of a charge sheet by the investigating agency? 2. Whether the proceedings in a Magistrate's court that has taken cognizance of a charge sheet should be stayed until the C.B.C.I.D. submits its report?
Ratio Decidendi: 1. The Court held that Section 173(8) of the Code of Criminal Procedure makes it clear that the submission of a report under Section 173(2) does not preclude further investigation in a crime by the investigating agency. Supplementary reports can be submitted by the investigating agency to the Magistrate notwithstanding that the Magistrate has taken cognizance of the offence upon a police report submitted under Section 173(2) of the Code. 2. The Court held that there is no provision of law that requires a Magistrate to stay the proceedings of a case in which he has taken cognizance on the basis of a charge sheet submitted under Section 173(2) of the Code simply because further investigation of the case is going on either under the orders of the State Government or the High Court.
Final Decision: The Court dismissed the petitioner's petition, holding that the Magistrate was not bound to stay the proceedings of the case and that the petitioner's request to stay the proceedings amounted to an abuse of the process of the Court.
( 1 ) SRI Zulfiqar Beg has moved this petition u/ S. 482, Cr. P. C. for quashing the order dated 16/01/1991 passed by the C. J. M. and the order dated 23-1-1991 passed by the Sessions Judge, Bijnor in Criminal Revision - Zulfiqar Beg v. State. The facts giving rise to this petition are as follows: in Mohalla Chah Sheri, Bijnor, there are two political groups, one group headed by Javed Aftab and the other headed by Abdul Malik Beg alias Hithaura Pahalwan. It is alleged that initially there was no difference between the two groups as all of them were working in the political and social fields of the city. Subsequently a dispute arose and the two groups became antagonistic to each other over some election. In October, 1988 elections for the post of Chairman, Municipal Board, Bijnor were held in which Javed Aftab was a candidate against others including one Chaudhary Nepal Singh Arya. The petitioner opposed the candidature of Javed Aftab and supported the rival candidate Chaudhary Nepal Singh Arya. Javed Aftab was successful in the election and after becoming the Chairman of Nagar Palika, Bijnor he started nursing ill will towards the petitioner.
( 2 ) ON 26-5-1989 one Margoob alias Kale, son of Mahfooz, was murdered within the local limits of Police Station Kotwali, Margoob was an appointee of Javed Aftab in the Nagar Palika. Although Margoob was murdered by some unknown person, an FIR was lodged by his father, Mahfooz, and the petitioner was implicated as one of the accused. The petitioner belongs to Janta Dal while Javed Aftab is of the Congress-I party.
( 3 ) HAVING come to know about his involvement in the said FIR, the petitioner moved an application to the Chief Minister, Uttar Pradesh, Lucknow on 3-6-1989 requesting that the investigation of the case may be transferred to C. B. C. I. D. The petitioners request was accepted and the investigation of case crime No. 327 of 1989 u/ S. 302, I. P. C. P. S. Kotwali was ordered to be handed over to C. B. C. I. D. Thereafter, Javed Aftab got an application moved in the name of Mahfooz that the case in question may be investigated by the local police and not by the C. B. C. I. D. On this application the State Government passed an order on 6-7-1989 directing that the case was to be investigated by the local police of Bijnor and not by C. B. C. I. D.
( 4 ) AGAIN the petitioner moved an application before the State Government praying that the investigation of the case in question may be handed over to C. B. C. I. D. On this application the Secretary of the Home Department of the Uttar Pradesh Government sought reports from the District Magistrate and S. P. Bijnor. The S. P. Bijnor reported to the State Government that there was enmity between the two groups and as there were allegations against the local police, therefore, in all fairness he was of the view that the case may be investigated by the C. B. C. I. D. Although the S. P. Bijnor and the Deputy S. P. concerned were recommending that the investigation of the case be handed over to C. B. C. I. D. a charge sheet was submitted against the petitioner and his two co-accused in the court of C. J. M. , Bijnor on 1-8-1989. The Home secretary of the Govt. on receipt of the report from the district authorities, directed the District Magistrate and the S. P. Bijnor vide order dated 26-8-1989 that the investigation of the case be handed over to C. B. C. I. D.
( 5 ) IN pursuance of the order dated 26-8-1989 one inspector of the C. B. C. I. D. i. e. Sri V. M. Sharma applied in the court of C. J. M. Bijnor for the papers of the case. It was also requested by Sri V. M. Sharma that further proceedings on the basis of the charge sheet submitted by the local police may be stayed. Learned C. J. M. directed that the papers of the case may be handed over to Inspector V. M. Sharma except the charge-sheet. It was also directed by the learned C. J. M. that Inspector V. M. Sharma shall complete investigation within two months and will subm
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