IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. 22351 of 2008 in Crl. Misc. No. M-27623 of 2005 Date of Decision:- 10.3.2009 Nayada Versus State of Haryana & Ors. Present:- None for the petitioner. Mr. S.S.Goripuria, DAG, Haryana. M.M.S.BEDI. (J) (Oral) Report of C.B.I has been purused. C.B.I has investigated the matter and arrived at a conclusion that the petitioner neither was subject to Lie-Detection Test and sixteen questions were put to her. In all the questions, deceptions were noticed indicating that her statements before the police, before the Sub Divisional Judicial Magistrate, Ferozepur, Jhirka on 16.12.2004 and before the trial Court on 4.1.2007 are not correct. It has not been recommended to present challan against the other suspects namely Sahu, Nawab Khan, Nijjar, Arshad and Ise Khan and have sexual intercourse with Nayada on the basis of the investigation. In view of this, this petition has become infructuous. However, an application has been filed by C.B.I for entrusting the case pending in the Court of Additional Sessions Judge, Nooh to the C.B.I Judge at Ambala, wherein, the report under Section 173 had been presented by the C.B.I. After carefully considering the said application, I am of the opinion that in view of the fact, that the 'conclusion' of the investigation by the Haryana Police and by C.B.I is same, as such, continuation of trial by two Courts for the same offence on similar allegations will not be in the interest of justice. The application of C.B.I is, thus, dismissed. Proceedings in the Court of Sessions Judge, Nooh are far-ahead of proceedings which have been initiated on the basis of fresh investigation. Crl. Misc. No. 22351 of 2008 in Crl. Misc. No. M-27623 of 2005 -2- While appreciating efficiency with which investigation had been conducted by C.B.I, it is observed that as the conclusion of the two investigations is same, the judicial propriety demands that trial which was initiated earlier should continue. However, taking into consideration the ratio of the judgment in T.T Antony Vs. State of Kerala & Ors. 2001VAD (SC) 373 , it is observed that the investigation conducted by C.B.I will be treated as investigation as per provisions of Section 173(8) Cr.P.C. Report and file pending in the C.B.I Court at Ambala, will be sent to the Court of Additional Sessions Judge, Nooh as witnesses cited in both the cases are same. It will be open to the prosecution agency or the accused who have been summoned under Section 319 Cr.P.C by the Additional Sessions Judge to use the report of C.B.I as it will help the Court to separate Nuggets of truth from the chef of falsehood. With the above observation, this petition is disposed of. Copy of the order be sent to the Additional Sessions Judge, Nooh as well as Special Judge, C.B.I. Ambala. March 10, 2009 (M.M.S.Bedi) tripti Judge