Case Note & Summary
The petitioner, Sanjeev Kumar Gupta, was working as Chief Vigilance Officer with Western Coalfields Limited, Nagpur. He alleged that he was on inimical terms with the Chairman and Managing Director, late Mr. D.C. Garg, who maneuvered a complaint against him. The CBI registered a Preliminary Enquiry (PE No. 028 2014 A 0001) on 21.03.2014. The petitioner contended that the enquiry was not completed within the seven-day deadline laid down by the Supreme Court in Lalitha Kumari v. Government of Uttar Pradesh, (2014) 2 SCC 1, and that he did not receive the result for about one year. He sought a writ of certiorari to quash the registration and a writ of prohibition to restrain further enquiry. The CBI, through its Standing Counsel, submitted a status report in a sealed cover on 28.01.2015. The court opened the sealed cover and read the report. The court noted that the petitioner had knowledge of the outcome of the preliminary enquiry and that the enquiry was completed within the extended period. The court found no violation of the directions in Lalitha Kumari and dismissed the petition. Rule was discharged.
Headnote
A) Criminal Procedure - Preliminary Enquiry - CBI - Lalitha Kumari Deadline - The petitioner challenged the registration of Preliminary Enquiry by CBI on the ground that the enquiry was not completed within the seven-day deadline laid down by the Supreme Court in Lalitha Kumari v. Government of Uttar Pradesh, (2014) 2 SCC 1. The court examined the status report submitted by CBI in a sealed cover and found that the enquiry was completed within the extended period and the petitioner was aware of the outcome. Held that there was no violation of the directions and the petition was dismissed. (Paras 1-4) B) Writ Jurisdiction - Certiorari - Prohibition - Preliminary Enquiry - The court held that the writ of certiorari to quash registration of Preliminary Enquiry and writ of prohibition to restrain further enquiry were not warranted as the CBI had completed the enquiry and the petitioner had knowledge of the same. The court found no merit in the petition. (Paras 2-4)
Issue of Consideration
Whether the registration of Preliminary Enquiry by CBI against the petitioner is liable to be quashed on the ground that the enquiry was not completed within the seven-day deadline laid down in Lalitha Kumari v. Government of Uttar Pradesh, (2014) 2 SCC 1.
Final Decision
The court dismissed the petition, finding no violation of the directions in Lalitha Kumari. Rule discharged.
Law Points
- Preliminary Enquiry
- CBI
- Lalitha Kumari deadline
- seven days
- extension
- sealed cover report
- status report
- writ of certiorari
- writ of prohibition
