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TMI Blog2011 (7) TMI 1135X X X X Extracts X X X X X X X X Extracts X X X X ..... rough various firms, and the mysterious cause of her husband's death in Hotel Marriott, Senapati Bapat Road, Pune be transferred to Central Bureau of Investigation (hereinafter called CBI) under Section 173 of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C.); and further to hand over all complaints made by various investors against the firms owned by her family members to the CBI for investigation. 2. Facts and circumstances giving rise to this case are as under: A. Petitioner indulged herself in commercial/business activities alongwith her husband late Deven Malviya, particularly in share broking in the name and style of M/s Disha Credit and Marketing Services alongwith one another partner Mr. Ajay Gande ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ises of the firm owned by the petitioner herself had given fake promises to the complainant and other investors that they would get ₹ 1,40,000/-in return of their investment of ₹ 1,00,000/- within a short stipulated period. But the investors could not get any amount. The accused persons in conspiracy with each other made a fraudulent scheme duping the innocent investors. F. The police filed a charge sheet against 13 accused persons including the petitioner after examining 23 witnesses. Seven accused have already been arrested and further investigation is in progress for obtaining the Forensic Science Laboratory report in connection with the seized Muddamaal (Crime property, e.g. Computer, CPU, Hard disk etc.). According to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and-writing of the deceased have been recovered. Father of the deceased identified the hand-writing of Deven Malviya, the deceased and investigation is going on. However, according to the investigation so far conducted it appears to be a plain and simple case of suicide, may be because of pressure of investors in his commercial activities. He was facing large number of demands from investors who could not even get back the principal amount, what to talk of multiplied amount or compounded interest etc. as assured by their agents and collectors/franchises. Therefore, he could not stand the pressure of his commitments, and as the angry investors were reported to have forcibly demanded their money back and had seized the documents of sale ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , after charge sheet has been filed, by exercising his powers under Section 173(8) Cr.PC. It was stated accordingly:- Since according to the respondents charge-sheet has already been submitted to the Magistrate we direct the trial court before whom the charge- sheet has been submitted to exercise his powers under Section 173(8) CrPC to direct the Central Bureau of Investigation for proper and thorough investigation of the case. On issue of such direction the Central Bureau of Investigation will investigate the case in an independent and objective manner and it will further submit additional charge-sheet, if any, in accordance with law. The appeal stands disposed of accordingly. 9. In Gudalure M.J. Cherian v. Union of India, (1992 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l then deal with that case on merits in accordance with law. (See : Union of India v. Sushil Kumar Modi, (1998) 8 SCC 661). 13. Relying on the observations in Union of India v. Sushil Kumar Modi (supra), this Court in Rajiv Ranjan Singh `Lalan' (VIII) v. Union of India,(2006) 6 SCC 613, reiterated that the Court does not have the power to direct the CBI to investigate a matter after the chargesheet was filed. 14. The above three cases i.e. of Vineet Narain, Sushil Kumar Modi and Rajiv Rajan Singh were differentiated in a recent judgment by this Court in Rubabbuddin Sheikh v. State of Gujarat Ors., AIR 2010 SC 3175, wherein this Court held:- Therefore, it can safely be concluded that in an appropriate case when the court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion or it had been biased. In such a case, in order to do complete justice and having belief that it would lend the final outcome of the investigation credibility, such directions have been issued. 17. The case requires to be examined in the light of the aforesaid settled legal proposition. 18. Shri A.K. Sanghi, learned senior counsel appearing for the petitioner has tried to convince the court placing reliance on various newspaper cuttings filed as Annexures submitting that it could be a big scam of thousand of crores rupees, but we are not impressed by such submissions as the police could find out that the total investments by investors had been only about ₹ 60 crores. 19. In the instant case, the petitioner herself is the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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