STATE OF BIHAR AND ANR versus J.A.C. SALDANHA AND ORS.

Citation: [1980] 2 S.C.R. 16 · Decided: 13-11-1979 · Supreme Court of India · Bench: R.S. SARKARIA · Disposal: Appeal(s) allowed
Cited by 12 judgment(s) · cites 4 · see the full citation network in Lexace
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Judgment (excerpt)

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16 
STATE OF BIHAR AND ANR. 
v. 
J.A.C. SALDANHA AND ORS. 
November 13, 1979 
fR. S. SARKARL.\, D. A. DESAI AND 0. CHJNN\I'PA REDDY, JJ.] 
Investigation by Police-Further investigation in case in which one investf. 
patin~, of(:'ccr bud sul;n1ittnl a final r·cpon under section 172(2) of Crilninal 
Procedure Code, 1973, but on which the Court had not passed any order-
Whether the State Government is precluded from directing further investigation 
in 1/ic case-Sections 2(h), 2(r), 36 156(1) and (2) and 193(8) of the Crimi-
nal Procedure Code, 1973 r /w Sectz'ons 1, 3, 12 and 22 of the Indian 
Police 
Act, 1861-Wherher E.G. of Police Vigilance, a ~superior" officer in rank for 
the purpose of section 36 of the Code-Power of Magistrate under s. 
156 of 
the Code. 
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Words and pfi..-ases-"superintendcnce" in 11:ctio11 3 of Indian Police Act, 
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1861, meaning of. 
Investigation-Court's duty in interfering in a Criminal matter at the stage 
of h1vestigation. 
A First Information Report alleging loss of legitimate revenues due .to the 
railway by defrauding it with the connivance of railway officials 
either 
by 
loading pearl coke without being booked according to railway rules 
in the 
empty wagons after the man_ganese ore in them were unloaded at Adityapur in 
Tatanagar, a railway siding of the Tata Iron & Steel Co. Ltd. or by diverting 
\vithout regular booking of tanks containing furnace oil. was lodged on March 
11, 1977, consequent upon which a case was registered at Tatanagar G.R.P.S. 
disclosing offences under sections 420/120B, 418 and 368 Indian Penal Code 
and sections 105 /106 of the Indian Railways Act, 
against 9 
persons. One 
S. R. I. Rizvi. Inspector of Railway Police, S. E. Railway Tatanagar con1menced 
investigation into the offences under the general supervision of R. P. Singh S.P. 
Railway Police appellant in Cr!. Appeal No. 300 /79 and Respondent 6 in Cr!. 
Appeal No. 301 f79. 
The D.I.G. Railway Police 
who was 
the immediate 
superior of Respondent 6, wrote a letter to the D.l.G., C.l.D., Bihar on May 
11, !977 requesting him to entrust the investigation to the Central Bureau of 
investigation. but the Inspector General of Police, Bihar, as per his letter dated 
June 24, 1977, declined the request. In the meantime on June 16, 1977 on a 
complaint from one Mr. Rusi 1\..Iodi representative of TISCO, at Patna· to the 
Chief Secretary to the Government a1leging harassment of TISCO officials by 
respondent 6 and requesting for appropriate steps, the cabinet took the decision 
to transfer respondent 6. 
One Sbri R. H. Modi who was required to appear 
before the Investigating Officer, made 
some 
enquiry by his 
Jetter dated 
'!'Iovi;-mber 4 1977 which was copied to some higher police officers 
including 
Respondent 2, Inspector General of Police, Bihar, acting on the copy of that 
letter requested Respondent 3, Add!. I.G., C.I.D. to look into the com~laint of 
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BIHAR V. J.A.C. SALDANHA 
17 
Mr. 1\-Iodi. The third respondent sent a telegraphic communication to RespoQ-
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dent. 6 informing him that the investigation of the aforesaid offences had been 
taken over by the c·J.D. . The Com1nissioner, South Chhota Nagpur Division, 
Ranchi, on a request made by the Secretary to Government of Bihar (Home) 
Police departn1cnt enquired into the · allegations made 
by officers of TISCO 
dgainst respOndent 6 and, after consultations with D.l.G .. Railway, the irnrr1e-
t.Iiate su.perior of Respondent 6 submitted his report dated December 27, i977 
giving a clean chit to Respondent 6. In the meantime, there was another appli-
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cation from M.L.As and M.L.Cs seven in all addressed to the Inspector General 
of Police, Vigilance, Bibar making serious a.llegations against the inves~igation 
made by the C.I.D. under the supervision of respondent - 3, whereupon the 
Chief' Secretary to Government of Bihar submitted a note to the Chief f\.Iinister 
on August 28, 1978 suggesting that the case involved in the matter be handed 
Over to the CBI for illquiry. This note Was approved and signed by the Chief 
j ~finister on the same day. In the meantime, the Chief Secretary by his letter 
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dated September 2, 1978 directed respondent 3 to send all papers of the case 
with a note indicating the stage of investigation. to him and in compliance there~ · 
\\'ith respondent 3 sent all papers of investigation till then done ·to the Chief 
Secretary with his covering letter dated September II, 1978. The CBI de
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