Union of India and Anr. vs Sunil Tripathi etc. etc.

Court

Supreme Court of India

Date

31 July 2018

Case No.

Civil Appeal Nos. 5987-5989 of 2018

Result

Disposed

Bench

Dipak Misra, D.Y. Chandrachud, A.M. Khanwilkar

Citation

[2018] 9 S.C.R. 374 : 2018 INSC 653

Headnote

Investigation:

Preliminary enquiries conducted by CBI – Therein CBI reached the conclusion that it was not a fit case for the CBI to take over the investigation, and that investigation in the matters could be carried out with the State Police – In Writ petitions, High Court directed CBI to convert the preliminary enquiries into FIRs/RCs and to ensure that investigation was expeditiously completed – CBI’s appeal challenging the direction – Held: High Court did not properly analyse the pleas of CBI as well as the pleas raised by the respondents – Therefore, the case is remitted to High Court to consider the contentious issues de novo – Appeals disposed of. State of West Bengal and Ors. v. Committee for Protection of Democratic Rights, West Bengal and Ors. (2010) 3 SCC 571 : [2010] 2 SCR 979 ; Manohar Lal Sharma v. Principal Secretary and Ors. (2014) 2 SCC

532 ; Subramanian Swamy v. Director, Central Bureau of Investigation and Anr. (2014) 8 SCC 682 : [2014] 6 SCR 873 – referred to.

The Judgment of the Court was delivered by A. M. KHANWILKAR, J. 1. By the impugned judgment and order dated 20th July, 2017 passed by the High Court of Delhi at New Delhi in Writ Petition (Civil) No.12313 of 2015, Writ Petition (Civil) No.602 of 2017 & C.M. No.2775 of 2017, the appellant No.2 Central Bureau of Investigation (“CBI”) has been directed to take immediate steps to convert preliminary enquiry (PE) No.2172014A0003 dated 7th May, 2014, PE No.4(A) dated 8th May, 2014 and PE No. AC12014 A0006 dated 12 th May, 2014 into FIRs/RCs and to ensure that investigation is expeditiously complet

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