Central Bureau of Investigation vs Naresh V Chauhan and 1

Honourable Mr. Justice N.V. Anjaria

Both these Criminal Revision Applications arise from the common order passed by the leaned Additional Chief Judicial Magistrate, C.B.I. Cases, Ahmedabad, below Exh. 89 application by the complainant C.B.I., filed in Special Case No. 5 of 2010. The application was for permission to take the voice samples of the accused, who are the respective respondents in the applications. Learned advocate Mr. Y.N. Ravani, when the matters were posted today on board, drew the attention of the court to the judgment of the Honourable Supreme Court in Criminal Appeal No. 1503 of 2012, wherein the Apex Court has given directions in paragraph no. 41 of the judgment. The said paragraph reads as under:

In another decision in Ravindra Pal Singh v. Santosh Kumar Jaiswal and others [4], this Court directed for transfer of the case outside State because some of the accused in a case of fake encounter were policemen. The case in hand has far more stronger reasons for being transferred outside the State. We, accordingly, direct for the transfer of Special Case No. 05/2010 pending in the court of Additional Chief Metropolitan Magistrate, CBI, Court Room No. 2, Mirzapur, Ahmedabad titled CBI versus D.G. Vanzara & Others to the court of CBI, Bombay. The Registrar General of the Gujarat High Court is directed to collect the entire record of the case from the court of Additional Chief Metropolitan Magistrate, CBI, Room No. 2, Mirzapur, Ahmedabad and to transmit it to the Registry of the Bombay High Court from where it would be sent to a CBI court as may be decided by the Administrative Committee of the High Court. The Administrative Committee would assign the case to a court where the trial may be concluded judiciously, in accordance with law, and without any delay. The Administrative Committee would also ensure that the trial should be conducted from beginning to end by the same officer.

Concededly, Special Case No. 5 of 2010, pending in the court of Additional Chief Metropolitan Magistrate, C.B.I. Court, Room NO. 2, Mirjapur, Ahmedabad, from which the aforesaid two Revision Applications arise are directed to be transmitted to the Registry of the Bombay High Court, from where it will be sent to C.B.I. Court, as may be decided by the Administrative Committee of the High Court.

In light of the above situation obtaining, learned advocate Mr. Ravani requests that in order to enable the applicant to act in line with the order of the Honourable Supreme Court, the Criminal Revision Applications may be disposed of. Accordingly, the Criminal Revision Applications are disposed of, granting liberty to the applicant, as prayed for by learned advocate Mr. Ravani, to take appropriate steps, and/or to approach appropriate forum in light of the directions of the Honourable the Apex Court noted above. Learned advocate for the applicant states that the Record and Proceedings is already transferred pursuant to the observations/directions of the Supreme Court. As the Criminal Revision Applications ceased to be before this court, notice is discharged. However, liberty is reserved to the applicant to approach this court in case of difficulty.