Govt can not transfer case to CBI, once probe was completed

Chennai, Feb 7 (PTI) Setting aside a Tamil Nadu Governmentorder transferring the case of two staff of a private medicalcollege and hospital, the Madras High Court today said "wheninvestigation was completed by the police,government certainlycan not have the power of referring the investigation to CBI."

The petitioners V Lakhsmi and T A Johnson, were employed asDeputy Warden (ladies hostel) and Mainatenance Supervisor ofSri Balaji Medical College and Hospital.

Their has lodged a criminal complaint with state policealleging that they have induced a student promising admissionin the college and attempted to receive huge amounts. A casewas registered against them for the offence punishable underSection 420 and Section 511 of Indian Penal code. Susequentlytwo were dismissed from service by the management.

Police filed chargesheet before the Judical Magistrate,Tambaram and at the end of the trial, they were convicted bythe court.

Meanwhile the State Government transferred the case to CBIby an order dated 25th June 2010 following which thepetitioners preferred petitions before the High Courtchallenging a Tamil Nadu Government order dated 25th June 2010transferring their case arbitrary and illegal.

The petitioners contended that once local police hascompleted the investigation and filed its report before trialCorut, the government could not transfer the case to CBIonlydrag the case further.

Allowing their writ petitions, Justice P Jyothimani said"at the stage when the investigation was completed by thepolice, the Goverenment certainly can not have the power ofreferring the investigation to the CBI by giving consent underSection 6 of Delhi Special Police Esatblishment Act 1946."

The Judge also pointed out that "when once investigationcompleted, the jurisdiction vests with the judiciary and it isfor the Magistrate to pass judical order as per the powersconferred under the Code of Criminal Procedure 1973 and notfor the Government to exercise its executive power fortransferring the investigation to the CBI, which would beamount to reinvestigation of a matter which has beenjudicially settled by a competent court of law.