Govt cannot transfer case to CBI, once probe was completed: HC
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Last Updated: Monday, February 07, 2011, 21:36
  
Chennai: Setting aside a Tamil Nadu Government order transferring the case of two staff of a private medical college and hospital, the Madras High Court on Monday said "when investigation was completed by the police, government certainly can not have the power of referring the investigation to CBI."

The petitioners V Lakhsmi and T A Johnson, were employed as Deputy Warden (ladies hostel) and Mainatenance Supervisor of Sri Balaji Medical College and Hospital.

There was a criminal complaint with state police alleging that they have induced a student promising admission in the college and attempted to receive huge amounts. A case was registered against them for the offence punishable under Section 420 and Section 511 of Indian Penal code. Susequently two were dismissed from service by the management.

Police filed chargesheet before the Judical Magistrate, Tambaram and at the end of the trial, they were convicted by the court.

Meanwhile the State Government transferred the case to CBI by an order dated 25th June 2010 following which the petitioners preferred petitions before the High Court challenging a Tamil Nadu Government order dated 25th June 2010 transferring their case arbitrary and illegal.

The petitioners contended that once local police has completed the investigation and filed its report before trial Corut, the government could not transfer the case to CBIonly drag the case further.

Allowing their writ petitions, Justice P Jyothimani said "at the stage when the investigation was completed by the police, the Goverenment certainly can not have the power of referring the investigation to the CBI by giving consent under Section 6 of Delhi Special Police Esatblishment Act 1946."

The Judge also pointed out that "when once investigation completed, the jurisdiction vests with the judiciary and it is for the Magistrate to pass judical order as per the powers conferred under the Code of Criminal Procedure 1973 and not for the Government to exercise its executive power for transferring the investigation to the CBI, which would be amount to reinvestigation of a matter which has been judicially settled by a competent court of law.

PTI


First Published: Monday, February 07, 2011, 21:36


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