BANK OF RAJASTHAN versus KESHAV BANGUR AND ANR.

Citation: [2007] 10 S.C.R. 506 · Decided: 03-10-2007 · Supreme Court of India · Bench: S.H. KAPADIA · Disposal: Disposed off
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Judgment (excerpt)

A 
BANK OF RAJASTHAN 
)-., 
V. 
KESHA V BANGUR AND ANR. 
OCTOBER 3, 2007 
B 
. 
[S.H. KAPADIA AND B. SUDERSHAN REDDY, JJ.] 
._,( 
Investigation-Investigation into F!Rs-Lodged before different 
agencies-FIRs registeredby CBI pursuant to direction by Court-State 
c Police registering FIR u/s 154 Cr.P. C.-Closure of FIR of State Police 
in view of investigation by CBI-Revision Application of accused 
seeking quashing of FI Rs of CBI in view of FIRs of State Police-High 
Court as well as Supreme Court directing investigation of all the FI Rs 
by CBI-Held: In view of closure of FIR of State Police and direction 
D of High Court and Supreme Court regarding investigation of FIRs, 
'(> 
Revision Applications have become infructuous-Code of Criminal 
Procedure, 197 3-s. 482. 
In a Writ Petition from a Kannchari Sangh alleging siphoning of 
E funds of appellant Bank by the respondents, inquiry was conducted by 
CBI, on the direction of High Court. In Special Appeal, High Court 
directed CBI to continue further investigation, and CBI registered FIRs 
in respect of 16 cases. 
F 
In the meantime one FIR was registered by State Police pursuant 
to direction of Criminal Court in a complaint of one 'N' against the 
respondents. Respective Writ Petitions were filed by the appellant-Bank 
challenging the registration of FIR by State Police, and by 'N' for 
direction for expeditious investigation by the State Police. High Court 
G directed expeditions investigation of FIR registered by State Police. 
Respondents-accused filed application in the Special Appeal stating that 
· in view of registration of FIR by State Police, Information Reports 
registered by CBI did not constitute on FIR in law. Respondents-accused 
also filed an application in the Writ Petition of the Kannachari Sangh, 
H 
506 
--/ 
BANK OF RAJAS THAN v_ KESHA V BANG UR 
507 
seeking dismissal of the Writ Petition by the Sangh in view of the FIR A 
registered by State Police. 
The FIR of State Police was closed in view of the fact that 
investigation had been taken by CBI and the documents had been 
transferred to CBI. 
Respondent No. 1 accused filed two Applications u/s 482 Cr.P .C. 
seeking quashing of the sixteen FIRs by CBI on the ground that they 
were second FIRs, the first being the FIR registered by State Police. 
Calcutta High Court by its interim order directed CBI to proceed with 
B 
the investigation. However, taking of cogniz.ance was prohibited without C 
prior permission of the Court. By another interim order proceedings 
pending before Special Judge, CBI, Mumbai was stayed. Hence the 
present appeals, challenging the interim orders and Transfer Petition 
seeking transfer of case pending before Special Judge, CBI, Mumbai 
to Special Judge, CBI, Calcutta. 
D 
This Court by its order dated 8.3.2007 directed CBI to investigate 
into FIR of State Police and submit its Report before this Court. 
Disposing of the appeals and allowing the transfer petition, the 
Court. 
E 
HELD: 1.1. The direction of the High Court contained in the 
impugned judgment read with the order dated 8.3.07 passed by this 
Court indicates that investigation into FIR registered by State Police 
as well as into sixteen FIRs have been entrusted to one single agency, F 
namely, CBI. In the circumstances, the question of first FIR has become 
academic. Consequently, two civil revision applications filed by the 
respondent in the High Court will not survive. They stand dismissed as 
infructuous. [Para 15) [516-E-F] 
G 
1.2. A Closure Report in Final Form was drawn up in connection 
with FIR registered by State Police inasmuch as CBI had taken up the 
investigation. The hearing on the final Report of Closure was concluded 
before Sub Divisional Judicial Magistrate. However, the said Closure 
was not on merits of the case. It was only on account of the fact that H 
508 
SUPREME COURT REPORTS 
(2007] 10 S.C.R. 
A investigation stood transferred to CBI. Consequently, now the State 
Police has no role to play. (Para 15) (516-G-H; 517-A] 
1.3. In the present case since investigation has been done by CBI 
(common agency), the report submitted by it to this Court, pursuant to 
B the order dated 8.3.07 passed by this Court would also be placed before 
the Third SpecialJudge, CBI, Calcutta and it would be for that court to 
decide whether the aspects covered in FIR registered by State Police 
stand covered by the report of CBI in the said sixteen FIRs or whether 
FIR registered by State Police deals wi
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