Closure report not binding on trial court; cognizance of case not to be taken after filling of closure report without directing further investigation

N K Rai Vs CBI

DelhiHC

29/11/2018

Crl. MC No. 6023 of 2018

About/from the judgment:

The High Court declined to exercise extraordinary jurisdiction under Section 482 CrPC against the order of the CBI Special Court (PC Act) whereby it had ordered further investigation against the petitioner.

 

The petitioner was Superintendent of Customs, Kolkata. He was alleged to be a middle-man who took bribe from Rajesh Sarda to be handed over to his superior. Investigations were made against him by the Central Bureau of Investigation under Prevention of Corruption Act, 1988. CBI had filed a closure report in the same before the Special Court which while considering the report directed the CBI to proceed with further investigation under Section 173(8) CrPC. Aggrieved thereby, the petitioner was before the High Court.

 

Shreya Bhatnagar, Advocate appearing for the petitioner relied on an earlier decision of the Court wherein cognizance taken by the trial court against Rajesh Sarda was set aside as the CBI had already filed a closure report as was also the case herein. In light of that decision, it was contended that there was no reason why the petitioner should be made to face prolonged trial. Rajdipa Behura, Special Public Prosecutor submitted reply on behalf of the CBI.

 

The High Court differentiated the decision mentioned above on that therein the trial court took cognizance of the matter without ordering further investigation which was not the right course. However, in petitioner’s case, the Special Court had categorically directed the CBI to carry out further investigation under Section 173(8). Furthermore, it was observed, “closure report is not binding on the learned trial court, and the court is in fact expected to apply its independent mind to the material on the record, merely because the CBI had made certain observations which partially support the petitioner, cannot be a ground to tinker with the directions for further investigation given by the learned trial court“. In light of such and other reasons, the Court found no reason to interfere with the impugned order and dismissed the petition.

Read the Judgment

Knowledge and content of about almost all their respective descriptions are borrowed from law-related blogs and websites, we, therefore, wish to give proper credit to all the respective law-related blogs and websites like LiveLaw, Bar and Bench, LatestLaws, PathLegal, FirstLaw, Lawctopus, IndianKanoon, Manupatra, LegallyIndia etc.. Many of the judgments are also taken from them websites of Hon'ble Supreme Court and other respective Hon'ble High Courts!

Formats for use
Please reload

Talk to our volunteer on our #Helpline

8882-498-498

Single Helpline Number For Men In Distress In India

Join our mailing list!  Stay up-to-date on upcoming projects, offers & events.

  • Follow Daaman on Facebook
  • Follow Daaman on Twitter

© 2018 Daaman Welfare Society & Trust.

All rights reserved.

Beware, anyone can be a victim of gender bias in society and laws! 

Don't wait: Schedule a conversation with a trusted, experienced Men's Rights Activist to find out how only awareness is the key to fight and remove prevailing gender bias against men in society.