LexNUPUR TALWAR versus CENTRAL BUREAU OF INVESTIGATION & ANR.
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[2012] 6 S.C.R. 723 NUPUR T ALWAR A v. CENTRAL BUREAU OF INVESTIGATION & ANR. (Review Petition (Crl.) No. 85 of 2012) IN (Criminal Appeal No. 68 of 2012) B . JUNE 07, 2012 [JAGDISH SINGH KHEHAR AND A.K. PATNAIK, JJ.] Supreme Court Rules, 1966 - Or. XL - Review Petition - C Double murder - First Information Report by the petitioner's husband (father of deceased) - Investigation handed over to CBI by State police - During investigation, suspicion against petitioner's husband and three others - CBI submitting report for closure of investigation before Special Judicial Magistrate D (CBI) in absence of sufficient evidence against first informant - The informaht filing protest petition objecting to closure report and seeking further investigation - The Magistrate rejected the closure report as well as the protest petition - Took cognizance and issued process to the informant and the E petitioner for committing the murder of their daughter and the servant and also: for tampering with the evidence - Revision· petition challenging the order of the Magistrate dismissed by High Court - Sp.ecial Leave Petition dismi$sed - Review Petition - Held: The review petition is uncalled for - The F petitioner has not pointed out any error in the order of which the review was sought but with the order of the Magistrate - This amounts to misuse of jurisdiction of Supreme Court - · Right to avail remedy under law, is the right of every citizen, but such right cannot extend to misuse of jurisdiction - The G petitioner cautioned against frivolous litigation - Any uncalled for, frivolous litigation by the petitioner in future might evoke exemplary costs - Administration of Justice - Code of Criminal Procedure, 1970 - ss. 190 and 204. 723 H 724 SUPREME COURT REPORTS [2C12] 6 S.C.R. A Code of Criminal Procedure, 1973: ss. 190 and 204 - Double murder - First Information report - Investigation by CBI-Closure report by CBI - Informant filing protest petition and seeking further investigation - Magistrate 8 reje_cting the closure report as well as protest petition - Taking cognizance and issuing process against the informant and his wife for having murdered their daughter and servant and also for tampering with the evidence - Accused objecting to the order of Magistrate stating that the Magistrate overlooked C certain vital factual aspects of the matter - Held: Per Jagdish Singh Khehar: The order of the Magistrate issuing process uls. 204 having taken into consideration the factual position based on the statements recorded ulss. 161and164 Cr.P.C. and documents appended to the charge-sheet and other materials on the file, is justified - For the purpose of issuing D process, all that the court has to determine is whether the material placed before it 'is sufficient to proceed' which is different from the term 'sufficient to prove and establish guilt' - The material taken into consideration by the Magistrate as well as the facts on which reliance was placed by the accused E have to be substituted by cogent evidence recorded during the trial -Per A.K. Patnaik: In a case exclusively triable by Sessions Court, the Magistrate at the stage of s. 204 is to see only that there is 'sufficient ground for proceeding against the accused', and is not required to scrutinize the evidence as F scrutinized at the time of framing charges. Per: Jagdish Singh Khehar.J.: Chandra Deo vs. Prakash Chandra Bose alias Chabi Bose and Anr. AIR1963 SC 1430:1964 SCR 639; Mis. India G Carat Pvt. Ltd. vs. State of Kamataka and Anr. (1989) 2 SCC 132: 1989 (1) SCR 718; Jagdish Ram vs. State of Rajasthan and Anr. (2004) 4 sec 432: 2004 (2) SCR 846; CREF Finance Ltd. vs. Shree Shanthi Homes (P) Ltd. and Anr. (2005) 7 SCC 467: 2005 (2) Suppl. SCR 873 - relied on. H NUPUR TALWAR v. CENTRAL BUREAU OF INVESTIGATION & ANR. Per: A.K. Patnaik. J.: 725 Kewal Krishan v. Suraj Bhan and Anr. 1980 (Supp) SCC 499 - relied on. A ss.190 and 204 - Double murder - Investigation by CBI - Closure report of investigation - First informant filing B protest petition and seeking further investigation - Closure report as well as protest petition rejected and cognizance taken by Magistrate and issuing process against the first informant and his wife for murdering their daughter and servant - Order of Magistrate upheld C by High Court and Supreme Court - Plea of further investigation - Propriety of - Held: Per Jagdish S
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