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TMI Blog1996 (10) TMI 503X X X X Extracts X X X X X X X X Extracts X X X X ..... e factory Premises of M/s. Continental Transport and Construction Corporation Limited and the first respondent as well as the other directors of the said company. Certain documents were seized during the raids. The documents so seized were stored by the then Assistant Director (Investigation), Department of Income Tax, Dhanbad in one of the steel almirahs kept in his chamber. During the night of 8th/9th March, 1993 the documents seized were burnt after breaking open the office's steel almirah in which documents were kept. In respect of this incident local police registered an FIR bearing No.159 dated 9.3.1993 in Police Station, Dhanbad, Dhansar under Sections 457, 436, 427, 201 and 120-B of the Indian Penal Code and under Section 4 of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court in S.L.P. (Crl.) No.1155 of 1995. Thereafter, M/s. Continental Transport and Construction Corporation Limited and one of the director, Ramesh Gandhi, the brother of respondent No.l, filed a writ petition before the Ranchi Bench of the Patna High Court praying, inter alia, for a writ quashing the FIR dated 3rd of January, 1995 lodged in the court of the Special Judicial Magistrate, C.B.I. cases, Dhanbad and for quashing the notifications of 2.6.1994 and 26.10.1994. The Ranchi Bench of the Patna High Court, however, dismissed the writ petition by a reasoned judgment and order dated 10.5.1995. The first respondent than filed a writ petition before the Patna High Court for identical reliefs of quashing the said notifications. The Patna ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ishment Act, 1946, Governor of Bihar was pleased to consent and extend the powers and Jurisdiction of the members of the Delhi Special Police Establishment to the whole of the State of Bihar in connection with investigation of the concerned Police Station, on case No.159 of 9.3.1993 in the District of Dhanbad, under Sections 457, 436, 427, 201 and 120-B, Indian Penal Code and conspiracy arising out of the same and any other offence committed in course of the same. The notification of 26.10.1994 is issued by the Government of India, Ministry of Personnel in exercise of the powers conferred by sub-section (l) of Section 5 read with Section 6 of the Delhi Special Police Establishment Act, 1946 whereby the Central Government with the consent of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... result. the C.B.I. has been directed to further investigate the offences registered under the said F.I.R. with the consent of the State Government and in accordance with law. Under Section 173 (8) of the Cr.P.C. 1973 also, there is an analogous provision for further investigation in respect of an offence after a report under sub-section (2) has been forwarded to the Magistrate. We fail to see any requirement of law under which the reasons for further investigation by the C.B.I. are required to be recorded in the notifications of the kind in question. The reasons can be shown independently. The appeal is, therefore, allowed and the impugned judgment and order of the Single Judge of the Patna High Court is set aside and the writ petition i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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