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Judgment
2 Heard learned counsel for the parties.
Pursuant to previous orders, Mr. Rohit Kapoor,
Superintendent of Police, Special Crime Branch, C.B.I., Patna is
present and submitted that in terms of the directions of the Court, in
the preliminary enquiry conducted by the C.B.I., a full fledged
investigation appears to be required.
In view of the aforesaid, the Registrar General of the
Court is directed to lodge a formal complaint with the
Superintendent of Police, Special Crime Branch, C.B.I., Patna for
registering a formal F.I.R. with regard to the matter which has been
already gone into, though cursorily by the C.B.I. Let the same be
done within one week from today. Upon the same being done, the
Superintendent of Police, Special Crime Branch, C.B.I., Patna shall
initiate proper action after lodging of the F.I.R. He shall have free
access to the records of the case, as may be required. If any original
is required, excluding the original ordersheet of the Court in the
present case, the same shall be given and a copy duly attested by the
Registrar General shall be retained in the records of the Court. The
C.B.I. shall upon the requirement of such documents being over,
return the originals, after matters are taken to their logical
conclusion, in accordance with law.
Having taken care of one aspect of the matter, the
Court has heard learned counsel for the petitioner and Mr. Bhanu
Pratap Singh, learned A.P.P. Incharge for the State.
The petitioner seeks bail in Warisaliganj P.S. Case
No. 195 of 2014 dated 22.09.2014 instituted under Sections
467 / 468 / 471 / 472 / 414 / 419 / 420 / 34 of the Indian Penal Code and
103/104 of the Trade Marks Act, 1999.
Earlier the petition seeking bail was disposed off as
withdrawn under order dated 20.11.2014 in Cr. Misc. No. 43963 of
2014.
Though, learned counsel for the petitioner has argued
the case at length and has also shown to the Court the report of the
F.S.L., which may indicate the innocence of the petitioner, but in
view of the past conduct of the petitioner and steps taken by the
Court for lodging a separate F.I.R., the Court, at this stage, is not
inclined to give indulgence to the petitioner by granting him bail.
However, the petitioner being entitled for speedy disposal of the
trial, as the process of investigation by the police in the present case
i.e., Warisaliganj P.S. Case No. 195 of 2014, having been completed
and even the Forensic report having been received, the trial Court is
directed to conclude the trial expeditiously and in any case within
three months from the date copy of the order is produced before this
Court. The Court would observe that if required, the Court may hold
calendar trial so that the time limit fixed by the Court is complied
with.
The application stands disposed off in the
aforementioned terms.
Liberty is given to the authorities of the C.B.I. to
approach this Court for any clarification/modification, if so required.