Chief Justice's Court Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 7019 of 2004 Petitioner :- Manoranjan Singh Respondent :- State Of U.P.And Others Petitioner Counsel :- Salil Kumar Rai Respondent Counsel :- C.S.C.,D. Awasthi,G.S. Hajela,Girdhar Nath,Vivek Singh Hon'ble Chandramauli Kumar Prasad,Chief Justice Hon'ble Pankaj Mithal,J.
In Criminal Misc. Writ Petition No. 9082 of 2005 and analogous
cases this Court in its order dated 1.2.2008 observed as follows:-
“However, it is submitted by the learned counsel for the respondent no. 3 that
such registration of the preliminary enquiry, the reference of which finds
place in GD No. 16 dated 24.4,.2004 would not be construed to be a report
under section 154 of the Code sof Criminal Procedure. We may refer that the
lodging of the Report in GD No. 16 giving nomenclature as Preliminary
Enquiry Report under section 154 of the Code of Criminal Procedure would
not change the nature of report. Such nomenclature appears to have been
given by the C.B.I. under the ‘Manual” which is nothing but the compilation
of the administrative instructions. C.B.I. was required under the orders of this
Court to investigate and that investigation would be as per the provisions of
the Code of Criminal Procedure. It may also be mentioned that a General
Diary entry may be treated as a first information report in an appropriate
case, where it discloses the commission of a cognizable offence. [See
Superintendent of Police, CBI v Tapan Kr. Singh, 2003 Cr.L.J 2322(SC)].
Allegations made in this Public Interest Litigation if true, are very
serious and creates an impression that the respondents are bent
upon to cover the misdeeds of individual officer.
In view of the aforesaid, we would like Mr. Salil Kumar Rai,
counsel for the petitioner and Sri G.S. Hajela, counsel representing
the Central Bureau of Investigation to place on record all materials
with reference to the case referred in the aforesaid order of this
Court.
As prayed for, list it on 18th of January 2010 as unlisted.
Order Date :- 6.1.2010
SKS
(Pankaj Mithal,J.) (C.K. Prasad, C.J.)