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Issues involved: Challenge to order passed by Single Judge of Gujarat High Court dismissing petition filed by CBI to set aside orders of Chief Judicial Magistrate directing investigation and rejecting prayer for recall.
Comprehensive Details: 1. Order of Chief Judicial Magistrate: Directed CBI to investigate case of missing Muddamal, leading to criminal complaint under Section 381 of IPC. CBI filed application to recall order, which was rejected. 2. High Court's Observations: High Court held CBI as litigant, stating petition was not maintainable and orders could be challenged under Section 397 of Cr.P.C. High Court criticized CBI for bypassing proper court, imposed cost of Rs. 1000, and directed inquiry by CBI Director. 3. Grounds of Appeal: CBI argued High Court's approach was erroneous, as CBI was not given opportunity to show case was routine and not complex. CBI contended it had right to approach High Court under Section 397 Cr.P.C. Orders of Chief Judicial Magistrate were set aside by Sessions Judge. 4. Supreme Court's Findings: Cited precedent that CBI cannot be directed under Section 156(3) Cr.P.C. for routine matters. Emphasized that CBI should investigate only when state agencies fail. Noted lack of complexity in case and upheld Sessions Judge's decision to set aside Chief Judicial Magistrate's orders. Criticized High Court's doubts on CBI's bona fides and set aside imposed cost and criticism. 5. Conclusion: Appeal allowed, High Court's approach deemed incorrect. Precedent cited to limit CBI's investigative role to cases of state agency failure. High Court's doubts on CBI's intentions and imposed cost were overturned.
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