Criminal Revision Case No. 1728 of 2010 · High Court

This Criminal Revision Case is directed against the order, dated 07.09.2010, in C.C.(S.R.) No. 1753 of 2010 on the file of the Principal Special Judge for S.P.E. & A.C.B. Cases at Hyderabad, whereunder and whereby, complaint filed by respondent No.1/de facto complainant was forwarded to the Director General, Anti Corruption Bureau (for short, ‘A.C.B.’) under Section 156 (3) Cr.P.C. for investigation and report on 09.11.2010.

A private complaint was lodged by the 1st respondent herein against 16 accused for the offences punishable under Sections 11, 12 and 13 of the Prevention of Corruption Act, 1988 and Sections 409 and 420 read with 120-B I.P.C. The alleged offences, according to the complainant, have taken place in between 2004 to

2009. After referring the case to ACB, the learned Judge called for a report from the Director General, A.C.B. by virtue of the impugned order.

It is not in dispute before this Court that for the self same offences, the Central Bureau of Investigation (for short, ‘C.B.I.’) registered a case and investigation is taken up. According to the learned counsel for the petitioner, the A.C.B. cannot proceed further in view of the fact that for the self same offences, another investigating agency namely, C.B.I. registered a case and investigation is in progress. There cannot be any dispute that for

the self same offences two First Information Reports cannot be registered. Two investigating agencies cannot be permitted to conduct investigation in respect of same offence simultaneously. As the matter has been ceased by the C.B.I., all the material filed by the 1st respondent along with the complaint has to be forwarded to the C.B.I. as an additional material so that they can consider the material if it is relevant in the case registered by it.

With these observations, the Criminal Revision Case is disposed of referring the complaint and all the material filed along with the complaint to the C.B.I. and the same has to be considered as an additional material if the material is otherwise relevant. It is also made clear that uninfluenced by any observation or finding in this order, the C.B.I. can take an independent decision in accordance with law.

Miscellaneous Petitions, if any, pending in these Criminal Revision Cases shall stand dismissed. Date: 03.04.2012 Gk ______________________ JUSTICE K.C.BHANU THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL REVISION CASE No.1728 OF 2010 Dated: 03rd April, 2012 Gk