Vikas Kumar Jain vs Special Police Establishment, Lokayukt

Heard. The petitioner has filed this petition against the order dated 30th July, 2013 passed by Special Judge (Lokayukt), Vidisha in Special Case No. 5/2012.

The petitioner filed an application u/s 173(8) of Cr.P.C. and he has prayed that further investigation be handed over to Special Police Establishment, Lokayukt or CBI in regard to the fact as to what was the role of the petitioner. Aforesaid application has been rejected by the impugned order.

The petitioner has been charged for the offences under sections 13(1)(c)(d) and 13(2) of the Prevention of Corruption Act, 1988 and sections 406, 409 and 120B IPC. The defence of the petitioner is that he is a chartered accountant and he was not involved in the case. Earlier the petitioner filed an application for quashment of the charge sheet, however, that application was dismissed.

Learned counsel for the petitioner has submitted that a Magistrate has power to order enquiry u/s 173(8) of Cr.P.C. In support of the aforesaid submission, learned counsel relied upon two judgments of the Hon''ble Supreme Court in State of Punjab Vs. Central Bureau of Investigation and Others, and Vinay Tyagi Vs. Irshad Ali @ Deepak and Others,

In the present case, the petitioner sought a direction to hand over the enquiry to Special Police Establishment Lokayukt or CBI to the effect as to whether the petitioner was involved in the case or not. In our opinion, the learned Judge has rightly refused to order such type of enquiry because it would amount to independent investigation in regard to involvement of the petitioner in the offence and that has already been done. In our opinion, after perusal of the judgments of the Hon''ble Supreme Court, such powers are not vested with the Magistrate because it would amount to de novo enquiry. Hence, the petition is dismissed.