IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.660 of 2006 LAXMAN DIXIT Versus STATE OF BIHAR ----------- For the Petitioner:- Mr. Chitranjan Sinha, Sr. Advocate For the C.B.I. :- Mr. Bipin Kumar Sinha, Advocate For the Railways :- Mr. Anil Kumar Sinha, Advocate For the State :- Mr.Lalit Kishore, AAG-III --------- 50 19/08/2008 Heard Mr. Chitranjan Sinha learned Sr. counsel, Mr. Bipin Kumar Sinha learned counsel representing the C.B.I., Mr. Lalit Kishore AAG III, and learned counsel representing the Railways. Sole question which is to be decided in this writ application is as to whether the matter relating to the allegation of huge quantity embezzlement and misappropriation should be referred to the Central Bureau of Investigation or it should be left to the Railway Protection Force or to the State Police. Initially Patna G.R.P.S. Case No. 29 of 1998 on 24.2.1998 was registered under sections 406, 409, 120 B of the Indian Penal Code. In that case the petitioner was the complainant. National Savings Certificate and Kishan Vikash Patra were stolen while the wagons were in the custody of Railway Protection Force. The seal of the wagons were found to be broken. The petitioner was posted as Officer In Charge of the Railway Protection Force Post, Patna Junction from where he has retired with effect from 30th June, 2004. Patna G.R.P.S. Case No. 29 of 1998 was registered and later on another case was registered by the G.R.P.S. Patna Junction Police - 2 - Station for the more or less same offence vide Patna G.R.P.S. Case No. 225 of 2006. In that case information was given by the Sub- Inspector of Police of Patna Railway Police Station that the conduct of the informant of G.R.P.S. Case No. 29 of 1998 was found to be suspicious. During investigation it transpires that the wagon sent to Howrah was kept standing at Patna Railway yard and its seal has been found broken/re-sealed on several dates. On 23.2.1998 the petitioner informed that from wagon National Savings Certificate and Kishan Vikash Patra worth of rupees forty crores of each were stolen. Investigation pointed out that some certificates were used for obtaining the contacts also. The petitioner filed writ application saying that one case was pending vide G.R.P.S. Case No. 29 of 2008 so there was no reason for registering another case. His plea was that R. P. ( U. P.) Act is special Act with over riding effect in which power and procedure for inquiry, trial including arrests and search and seizure of Railway properties have been detailed. A petition was filed that investigation of Patna G.R.P.S. Case No. 29 of 1998 be handed over to Railway Protection Force as the case was only covered under the provisions of the R. P. (U.P.) Act and no other agency was authorized to investigate the matter. Later on subsequent FIR was quashed considering the fact that the first FIR was with regard to the same offence so it was not tenable. The second FIR was quashed on 23.8.2006 in Cr. Misc. No. 28311 of 2006. In course of investigation it transpired that the stolen - 3 - National Savings Certificate and Kishan Vikash Patra were not only of rupees forty crores rather it was suspected to be of thousands of million so the State of Bihar vide its memo No. 6122/H.P. dated 25.6.1998 issued notification that Patna G.R.P.S. Case No. 29 of 1998 be investigated by the Central Bureau of Investigation. The Central Bureau of Investigation did not take up the investigation of this case. The Central Bureau of Investigation was impleaded as party in the writ petition vide order dated 17.11.2006. The Central Bureau of Investigation expressed its inability to take up the investigation on the ground that “available resourses in Central Bureau of Investigation were fully committed at the time in the investigation of 48 fake stamps cases received upon the orders of the Hon’ble Supreme Court of India and other such cases under investigation. It was also considered that due to huge time gap in the registration of the cases by the Bihar Police, the possibility of conducting worthwhile investigation in these cases were very remote.” Accordingly, Central Bureau of Investigation did not investigate the case. At the time of argument learned counsel representing the Central Bureau of Investigation reiterated its stand which was filed earlier through counter affidavit. On behalf of the Railways the Additional Security Commissioner of East Central Railway, Danapur has sworn affidavit and has submitted that the petitioner was placed under suspension. The Railway Protection Force was competent to inquire or investigate the case concerned but investigation prima facie indicated that for a long time the public servants and authorities have committed various - 4 - acts and the stolen National Savings Certificate and Kishan Vikash Partra were not only used in the State of Bihar rather these were used in several States of India for obtaining bank guarantee from different banks and so the State agency will not be in a position to make such massive investigation because of magnitude of the case. It has been argued that if the case is properly investigated by the specialized agency then it may probably be one of the biggest scam by the public servants and by the other accused persons. Railway Protection Force cannot investigate any case against any public servant so continuation of investigation by Railways is the abuse of the process of the court and hence the investigation be entrusted to Central Bureau of Investigation. Considering the submission, it appears that this is the big rackets in which Millions of Rupees have been siphoned of by the criminals. It appears that this is a case of big conspiracy of the criminals and public servants. Undoubtedly, a routine case would not be handed over to Central Bureau of Investigation or other similar agency for investigation but prima facie it appears that allegations are startling that a serious crime has been committed and investigation may be handed over to a specialized agency for conducting such investigation. I am satisfied that the Railway Protection Force is not in a position to conduct investigation of such magnitude of offence because of its limited objectives. Proper investigation by Central Bureau of Investigation shall be desirable because the accused - 5 - persons have utilized some National Savings Certificates and Kishan Vikash Patra in different States in different modes. In my view this can only be done by the Central Bureau of Investigation and other agencies are not in a position to unearth such an office which prima facie appears to be huge dimensions. Considering the facts and circumstances of the case, I am of the view that the case be investigated by the Central Bureau of Investigation and the Central Bureau of Investigation is directed to proceed in the matter in view of the memo No. 6122/H.P. dated 25.6.1998 issued by the Govt. of Bihar as mentioned in paragraph five of the order dated 17.11.2006 of this writ application. Accordingly, this writ application is disposed of with the aforesaid observations and directions. Avin. (Shyam Kishore Sharma, J.)