Excelsior Correspondent
JAMMU, Aug 27: Special Judge Anticorruption Jammu (CBI cases) Vinod Chatterji Koul today rejected the closure report filed by CBI with the direction for further investigation and passed strictures against the premier investigating agency of the country.
This closure report is the outcome of the Preliminary Enquiry registered on the basis of Joint Surprise Check conducted at the residence of Naresh Kumar, JE, 52 RCC where 65 cement bags of “Shree Ultra” not for re-sale were found stored.
After completion of the enquiry the instant case was registered on the basis of written complaint of Om Parkash, Inspector CBI addressed to SP CBI Jammu against Naresh Kumar for pilferage of Government stores/property.
After going through the material evidences collected during investigation, the Special Judge Anticorruption said, “flawed approach has been adopted by the investigating agency in drawing conclusions in regard to some characters involved in the scam”, adding “Inquiry Officer vide his report dated 24.1.2014 has recommended the registration of the case and the same was accepted by the then SP, CBI, Jammu, which resulted into lodging of the FIR but IO has submitted the closure report and the same is without cogent reasons”.
“Perusal of the CBI Crime Manual 2005, which deals with the procedure of converting a Preliminary Enquiry into RC, reveals that a heavy duty has been casted upon the SP for such conversion. The foremost duty is that he should be satisfied that outcome of investigation should culminate into prosecution only. Moreover, SP should exercise due care and caution in such conversion”, the court said.
“A heavy word of caution for SP is there in Manual that he should avoid hasty or premature action in this regard. He must avoid such conversion with a view to get Preliminary Enquiry out of the list of time barred cases. If he in this case is to be believed it directly means that the then SP who converted the Preliminary Enquiry into RC has done it in haste and without application of mind”, the court further said, adding “if this be the position then closure report is silent as to what action department has taken against the then SP for such an act of lodging frivolous FIR”.
“If no case is made out, the closure report is silent as to what action they have proposed or taken against the enquiry officer for giving fake and frivolous enquiry report recommending registration of FIR. The IO has not investigated all the relevant facts but has chosen to ignore the important facts as such many grey areas have remained in the investigation which ultimately has helped all those persons who appear to be in conspiracy with each other to cause loss to the public exchequer”, the court further said.
“The investigation of this case has been a causality due to the treatment given to the investigation by the IO who has conducted the investigation in a rough shot manner”, the court further said, adding “the material assembled during investigation substantiate allegations of criminal misconduct and recommending departmental enquiry only against the erring officials will not meet the ends of justice”.
With these observations, court rejected the final report and returned the same to the CBI/ ACB for further investigation. “The points referred by this court are directed to be probed through a responsible officer of CBI, not below the rank of DySP and the investigation is directed to be supervised by SP. The final report be submitted in this court within two months from today”, the Special Judge said.
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