1) it is necessary to peruse order passed by magistrate to advice
2) ordinarily HC would not entertain application by complaint for CBI inquiry
Issue of process - trial
I am the accused in a complaint where u/Sec 156(3) I was arrested in 2010 and in remand for 5 days and later I was released by the (IO) u/Sec 169 Of C.r.Pc. along with "B" summary. The Complainant immediately filed a application for CBI inquiry u/Sec 173(8)with the Magistrate and the case was pending since 4 years. I approached the Hon'ble High Court and got orders for expediting the process. The Ld' Magistrate dismissed the application of 173(8) and asked the parties to proceed with the case. The complainant filed an adjournment with reason that he wants to approach the Hon'ble High Court and file a revision against the dismay of CBI inquiry. I am willing to face the trial and come out clean. My Question is: Will the High Court entertain the Writ of the complainant. The complainant has no evidence against me and is worried if I come out clean. My Humble request to you is to provide me some light in this matter. Thank You in advance.
Asked 7 years ago in Criminal Law
Religion: Hindu
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6 Answers
Hello,
The law is well settled with regards to the direction of CBI enquiry by the Court. It is a settled law that only in exceptional circumstance, this Court may be required to step into the investigation to streamline the investigation for ensuring the fairness and impartiality in the investigation so as to instill confidence into the investigation and to enforce law and it is only in very very extraordinary case, where there is sufficient material before the Court to record the substance in the apprehension of the complainant or the victim that even highest officer of the State, if assigned with the investigation, has failed in duty or would be failing in duty cast upon the statute in the matter of investigation of any cognizable offence, this Court may be required to exercise the power for entrustment of the investigation to altogether a different investigating agency like CBI in the present case. Be it noted that such satisfaction either by stepping into the investigation or for transferring the investigation to some other investigating agency like CBI, cannot be recorded on a mere ipsi dixit of a complainant or a victim nor can be recorded only because the concerned investigating officer has not acted as per the desire of the victim nor such investigation can be transferred only because the accused apprehends that there will be further any strict action by the investigating officer.
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What the HC will do is a hypothetical query that nobody except an astrologer can answer. In revision unless it is shown that the order of the lower court is perverse, no interference can be made by the HC in the exercise of its revisional jurisdiction. This is basic law,
My Question is: Will the High Court entertain the Writ of the complainant. The complainant has no evidence against me and is worried if I come out clean.
Why do worry about this when you know that you are clean by heart and thoughts and also possess evidences and merits in your side to face and challenge the case properly to get it dismissed.,
The dismissal of petition bfile under section 173(8) by the magistrate itself is a first step to your victory.
The complainant is filing a vexatious revision petition where he may not be successful because the lower court after considering various facts had decided to dismiss the said petition so, wait and watch.
My Humble request to you is to provide me some light in this matter.
Sooner you receive notice from high court, you can prepare your defence to the revision petition properly based on the merits in your side and take support from the decision given against the petition that was dismissed.
Thank you my Ld' Friends for your insights, as pointed out by T Kalaiselvan my case in detail is as below: I am in business for 35 years and had a top-line sale of 150 Cr. in 2009. My Banker and insurance company are channel partners, in 2009 I lost my factory and stock in fire and losses of 25 Cr. registered. Both the banker and insurance company filed a criminal complaint against me that I have "perpetrated fraud" and I was arrested on allegations, company wound up on allegations. these allegations are not proved yet. I have documented evidence that both these channel partners have conspired to expose a "Insurance Scam" of 60 Cr. I am willing to face the trial but they are just buying time and delaying the trial for some reason. as mentioned above I have approached the Hon'ble High Court and the court was pleased to expedite the process. Looking forward for valuable answers Regards Kishor Chhabria
Asked 7 years ago
since the HC has expedited the hearing of your case it would not entertain frivolous application by complainant for CBI inquiry
Since the high court has passed orders to the trial court to expedite the trial proceedings, you may insist before the trial court through your own lawyer pointing the high court order and put pressure for an expeditious trial and speedy disposal.
In the meantime you can get equipped with the materials to defend your interest properly.