Case Note & Summary
The petitioner, Sanjeev Kumar Gupta, was serving as Chief Vigilance Officer with Western Coalfields Limited, Nagpur. He alleged that he was on inimical terms with the late Chairman and Managing Director, Mr. D. C. Garg, who maneuvered a complaint against him. The CBI registered Preliminary Enquiry No. PE 028 2014 A 0001 on 21 March 2014. The petitioner contended that the preliminary enquiry was not completed within the seven-day deadline prescribed by the Constitution Bench in Lalitha Kumari v. Government of Uttar Pradesh, (2014) 2 SCC 1, and that he had not received any 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, represented by Standing Counsel Mr. S. B. Ahirkar, was directed to produce the preliminary enquiry report. On 29 January 2015, the CBI tendered a status report in a sealed cover dated 28 January 2015. The court opened and perused the report. The court noted that the preliminary enquiry had been completed within the permissible time frame and that there was no violation of the directions in Lalitha Kumari. Consequently, the court dismissed the petition, finding no merit. Rule was discharged.
Headnote
A) Criminal Law - Preliminary Enquiry - Registration of PE - Challenge to registration of Preliminary Enquiry by CBI - Petitioner sought quashing of PE on ground of delay beyond seven days as per Lalitha Kumari - Court examined status report and found that PE was completed within permissible time - Held that no violation of directions in Lalitha Kumari (Paras 1-4).
Issue of Consideration
Whether the registration of Preliminary Enquiry No. PE 028 2014 A 0001 by CBI against the petitioner is liable to be quashed on the ground that the preliminary 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 merit. Rule discharged.
Law Points
- Preliminary Enquiry
- Lalitha Kumari guidelines
- seven-day deadline
- CBI
- writ of certiorari
- writ of prohibition
Case Details
2015 LawText (BOM) (01) 131
Criminal Writ Petition No.461/2014
A. B. Chaudhari, P. N. Deshmukh
Mr. V.G. Palshikar for petitioner; Mr. S. B. Ahirkar, Standing Counsel for respondents
Sanjeev Kumar Gupta s/o Dr. Vinod Kumar Gupta
Director, Central Bureau of Investigation; Joint Director, CBI Bhopal; Superintendent of Police, CBI Nagpur
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Nature of Litigation
Criminal writ petition challenging registration of preliminary enquiry by CBI.
Remedy Sought
Petitioner sought writ of certiorari to quash registration of Preliminary Enquiry No. PE 028 2014 A 0001 and writ of prohibition to restrain further enquiry.
Filing Reason
Petitioner alleged that the preliminary enquiry was not completed within the seven-day deadline laid down in Lalitha Kumari v. Government of Uttar Pradesh, (2014) 2 SCC 1, and that he was on inimical terms with the Chairman and Managing Director who maneuvered the complaint.
Issues
Whether the registration of Preliminary Enquiry No. PE 028 2014 A 0001 by CBI is liable to be quashed for violation of the seven-day deadline in Lalitha Kumari?
Submissions/Arguments
Petitioner argued that the preliminary enquiry was not completed within seven days as per Lalitha Kumari and that he did not receive any result for about one year.
Respondent CBI submitted a status report in sealed cover showing that the preliminary enquiry was completed within the permissible time.
Ratio Decidendi
The preliminary enquiry was completed within the permissible time frame and there was no violation of the directions in Lalitha Kumari v. Government of Uttar Pradesh, (2014) 2 SCC 1.
Judgment Excerpts
We have opened the sealed cover. We have read the status report prepared on 28.01.2015 and we are satisfied that the preliminary enquiry has been completed within the permissible time frame and there is no violation of the directions in Lalitha Kumari.
Procedural History
Petitioner filed Criminal Writ Petition No.461/2014 before the Bombay High Court, Nagpur Bench, challenging the registration of Preliminary Enquiry No. PE 028 2014 A 0001 by CBI. On 22.01.2015, the court directed the CBI to furnish the preliminary enquiry report. On 29.01.2015, the CBI tendered a status report in a sealed cover. After perusal, the court dismissed the petition.
Acts & Sections
- Code of Criminal Procedure, 1973 (CrPC): Section 154
