Excelsior Correspondent
Srinagar, Apr 21: The High Court has stayed the order of trial court directing for re-investigation of case with regard to encroachment of public land by Lal Singh’s wife in connivance with Revenue and Forest officials.
The petition was filed by the wife of former legislator and Forest Minister Choudhary Lal Sing challenged the order dated 27-03-2023 rendered by the Court of Special Judge Anti-Corruption (CBI Cases) directing therein for re-investigation of the case.
The CBI had received information in regard to encroachment of Forest land in District Kathua by someone in connivance with Revenue and Forest officials, on the basis of preliminary enquiry and complaint for alleged commission of offences punishable consequently, a final charge sheet for commission of aforesaid offences in case titled CBI Vs. Kanta Andotra & Ors. was filed by the CBI in the trial court.
It was averred that the petitioner Kanta Andotra wife of Lal Singh being chairperson of R.B. Educational Trust Kathua in conspiracy with one Ravinder Singh has acquired and is holding land for the aforesaid trust more than ceiling limit of 100 standard kanals (12 ½ standard Acre) in violation of Section 14 of Agrarian Reforms Act 1976.
The counsel of the petitioner-Andotra argued before the court of Justice Mohan Lal said the Trial Court after hearing on the question of charge and discharge at length, instead of deciding the issue, passed direction for re-investigation of the case without there being any power expressly or impliedly conferred upon it under the Criminal Procedure Code, thereby, has impinged upon the jurisdiction of CBI.
He submitted that the trial court while trying an accused has to adopt the procedure for the trial of warrant cases by Magistrate, therefore, impugned order is an order passed by a Magistrate having no jurisdiction to order the reinvestigation of the case.
“….In view of the averments of the main petition and the settled legal position aforesaid, till the filing of objections by CBI and consideration of the petition in hand, impugned order dated 27-03-2023 passed by the trial court is stayed”, Court directed.
The Court said the Superior Courts have the jurisdiction to direct re-investigation of the case, while the Magistrate has no jurisdiction and power to order the re-investigation. Court has mentioned that in one of the paras of judgment under challenge, the trial court has observed that total land of R.B. Education Trust Kathua was found to be 328 kanals 19 marlas in excess of ceiling area as per section 14 of Agrarian Reforms Act 1976 and in other paras of the impugned judgment, the trial court has further stated that the matter requires further probe and until the final order is passed by the revenue committee declaring accused liable for violation of Section 14 of Agrarian Reforms Act.
“The criteria for limited purpose of sifting the evidence to proceed against accused which can be considered and looked into on completion of further investigation or enquiry and this aspect of the case is shown to have been either overlooked or completely ignored by the investigating agency warranting reinvestigation on all aspects”, Court said.
Justice Lal further added that the impugned order depicts that 4 months’ time has been granted for re-investigation of the case in hand under the supervision of SP CBI concerned and in view of the Supreme Court, the Special Judge Anti-Corruption (CBI Cases) being Court of Magistrate also has no power or jurisdiction to order re-investigation in the case in hand which lies in the exclusive domain and jurisdiction of High Court and Supreme Court.
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