IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl. Misc. No. M-27623 of 2005
Date of Decision:- 10.3.2009
Nayada Versus State of Haryana & Ors.
Present:- None for the petitioner.
Mr. S.S.Goripuria, DAG, Haryana.
M.M.S.BEDI. (J) (Oral)
Report of C.B.I has been purused. C.B.I has investigated the
matter and arrived at a conclusion that the petitioner neither was subject to
Lie-Detection Test and sixteen questions were put to her. In all the
questions, deceptions were noticed indicating that her statements before the
police, before the Sub Divisional Judicial Magistrate, Ferozepur, Jhirka on
16.12.2004
and before the trial Court on 4.1.2007 are not correct. It has not
been recommended to present challan against the other suspects namely
Sahu, Nawab Khan, Nijjar, Arshad and Ise Khan and have sexual
intercourse with Nayada on the basis of the investigation.
In view of this, this petition has become infructuous. However,
an application has been filed by C.B.I for entrusting the case pending in the
Court of Additional Sessions Judge, Nooh to the C.B.I Judge at Ambala,
wherein, the report under Section 173 had been presented by the C.B.I.
After carefully considering the said application, I am of the
opinion that in view of the fact, that the ‘conclusion’ of the investigation by
the Haryana Police and by C.B.I is same, as such, continuation of trial by
two Courts for the same offence on similar allegations will not be in the
interest of justice. The application of C.B.I is, thus, dismissed.
Proceedings in the Court of Sessions Judge, Nooh are far-ahead of
proceedings which have been initiated on the basis of fresh investigation.
Crl. Misc. No. M-27623 of 2005 -2-
While appreciating efficiency with which investigation had been conducted
by C.B.I, it is observed that as the conclusion of the two investigations is
same, the judicial propriety demands that trial which was initiated earlier
should continue.
However, taking into consideration the ratio of the judgment in
T.T Antony Vs. State of Kerala & Ors. 2001VAD (SC) 373 , it is
observed that the investigation conducted by C.B.I will be treated as
investigation as per provisions of Section 173(8) Cr.P.C. Report and file
pending in the C.B.I Court at Ambala, will be sent to the Court of
Additional Sessions Judge, Nooh as witnesses cited in both the cases are
same. It will be open to the prosecution agency or the accused who have
been summoned under Section 319 Cr.P.C by the Additional Sessions Judge
to use the report of C.B.I as it will help the Court to separate Nuggets of
truth from the chef of falsehood.
With the above observation, this petition is disposed of.
Copy of the order be sent to the Additional Sessions Judge, Nooh
as well as Special Judge, C.B.I. Ambala.
March 10, 2009 (M.M.S.Bedi) tripti Judge