IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO.310 OF 1999 CRIMINAL REVISION APPLICATION NO.310 OF 1999 CRIMINAL REVISION APPLICATION NO.310 OF 1999 Central Bureau of Investigation ..Applicant versus Mansoor Ahmed Siddique Sardar & Another ..Respondents Mr. H.P. Mehta for the Applicant Mr. P.R.Arjunwadkar for the Respondent No.1 Mr. Dedia for the respondent No.2 State CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 2ND JUNE, 2008 DATED : 2ND JUNE, 2008 DATED : 2ND JUNE, 2008 P.C. : P.C. : P.C. : 1. The respondent No.1 filed what may be referred to as private complaint in the Court of the Judicial Magistrate, I Class on Bhivandi alleging therein that some unknown persons have committed offence under Section 469, 500, 507 r/w. Section 120(b) of IPC. That complaint was numbered as OMA 890 of 1998. On the said complaint the learned Joint JMFC, Bhivandi, hereinafter referred to as the learned trial Judge passed an order on 23.12.1998 directing the concerned police station to register the FIR and investigate the matter under Section 156(3) of Cr.P.C. Text of the said -2- order is as follows: "Police to register the FIR and investigate the matter under Section 156(3) of Cr.P.C." Dated 23.12.1998 It is seen that the respondent No.1 was not so happy with the steps taken by the concerned police station with regard to the investigation of the matter and complying with the order dated 23.12.1998. Hence the respondent No.1 filed an application before the learned trial Judge on 23.4.1999 complaining that the police are not carrying out their job properly and that he wanted that the investigation should be carried out by CBI. He therefore prayed that the investigation be transferred to CBI. That application was heard by the learned trial judge and the learned trial Judge accepted the request of the respondent No.1 and passed an order directing that the matter should be sent to the CBI for further investigation. It is this order dated 25.5.1999 is challenged by the applicant CBI. -3- 2. I have heard learned Advocate Mr. Mehta and learned Advocate Mr. Arjunwadkar. Learned Advocate Mr. Mehta’s contention that the Court of the Judicial Magistrate, First Class, has no authority to transfer investigation of case to CBI directly is required to be accepted and to that extent the impugned order dated 25.5.1999 is illegal and is required to be set aside. 3. Learned Advocate Mr. Arjunwadkar drew my attention to the fact that on the complaint which was filed by the respondent No.1, the learned trial Judge had passed an order on 23.12.2008 and directed that the investigation should be carried out and this order was passed by the learned trial Judge under Section 156(3) of Cr.P.C. Mr. Arjunwadkar submits that if the impugned order directing the investigation to be handed over to CBI is set aside by this Court, the original order dated 23.12.1998 should be revived so as to see that the complaint filed by the complainant is investigated by the concerned police pursuant to the order dated 23.12.1998. Submission of Mr.. Arjunwadkar is proper because as a result of the impugned order the concerned police were prohibited -4- from carrying out the investigation. Hence the impugned order will have to be set aside and the order dated 23.12.1998 will have to be restored. In view of the aforesaid discussion, I pass the following order: ORDER . The Order dated 25.5.1999 directing that the investigation should be transferred to CBI is set aside. The order dated 23.12.1998 directing the concerned police station to carry out the investigation of the complaint NO.OMA 890 of 1998 is revived. The respondent No.1 shall obtain the certified copy of this order and serve the same upon the concerned police station. Upon doing so, the concerned police station shall carry out the investigation as per the order dated 23.12.1998 passed by the learned Joint Judicial Magistrate, First Class, Bhivandi. (R.Y.GANOO, J.)