Kuljeet Singh @ Jeetu And Others vs Central Bureau Of Investigation & ...
2000 Latest Caselaw 437 Del

ORDER

M.S.A. Siddiqui, J.

1. The petitioners have filed three separate petitions under Section 186 Cr.P.C. for deciding the following question:-

"Whether this Court or the High Court of Punjab and Haryana is competent to decide the question as to in which of the two courts, viz., the Court of Chief Metropolitan Magistrate, Delhi or the Judicial Magistrate, First Class Distt. Hoshiarpur (Punjab) enquiry or trial shall proceed in respect of offences concerning the Malta Boat tragedy?

These petitions are being disposed of by this common order.

2. The case was registered on the basis of a report dated 12.1.1997 received from the Indian Ambassador in Ethens (Greece) regarding the incident of a boat tragedy (commonly know as the Malta Boat tragedy) which occurred in the High Seas in Malta Sisly channel on the night intervening 24/25th December, in which 170 Indians were feared drowned. The Central Government entrusted the matter to the CBI for investigation. Accordingly, a case FIR No. RC 1(S)/97-(ACU) (IV) under Sections 420/120-B/467/468/471 IPC read with Sections 3/12 of the Passport Act and Sections 10/24 of the Immigration Act was registered on 17.1.1997. Investigation pursuant thereto culminated in submission of a charge sheet against the accused persons. The charge sheet was filed on 8.9.1997. On 20.10.1997; the learned Chief Metropolitan Magistrate, Delhi took cognizance of the offence and issued process against the accused persons.

3. Four separate criminal cases in respect of the said boat tragedy were also registered in Distt. Hoshiarpur (Punjab). FIR No.13 dated 21st January, 1997 under Sections 406/420/120-B IPC was registered at the Police Station Dasuya, Distt. Hoshiarpur and the charge sheet was filed on 6.3.1998. FIR No. 38 dated 25th March, 1997, FIR No. 13 dated 17.1.1997 and FIR No.11 dated 16.1.1997 under Sections 406/420/120-B IPC were registered at the Police Station Tanda Distt. Hoshiarpur (Punjab) and the proceedings commenced in the Court of Judicial Magistrate Hoshiarpur on 8.1.1998.

4. Section 186 Cr.P.C. provides for determination of the forum for trial of an offence when its cognizance has been taken by two courts. The only condition for the applicability of the said section is that the courts must have taken cognizance of the same offence. The sine qua non for exercise of discretion by the High Court under Clause (b) of Section 186 of the Code of Criminal Procedure is as to where the proceedings were first commenced. The dominant consideration of an earlier commencement of the proceedings has been incorporated in Clause (b) of Section 186 because it refers to a different state of circumstances. Where the two or more subordinate courts taking cognizance of the same offences are not subordinate to the same High Court and therefore to eliminate possible confusion and conflict, the principle of earlier commencement has been enjoined as the proper criterion.

5. In the instant case learned counsel for the CBI has fairly conceded that proceedings before the Chief Metropolitan Magistrate, Delhi were started first as the cognizance was taken on 20th October, 1997, whereas in the cases before the Judicial Magistrate First Class Hoshiarpur such congnizance was taken on 8.1.1998. Thus it is indisputably manifest that the proceedings in respect of the offences in question were first commenced in the Court of the Chief Metropolitan Magistrate Delhi and the commencement of the proceedings in the Court of Judicial Magistrate First Class, Distt. Hoshiarpur (Punjab) had taken place much later. It, therefore, follows that this Court is competent to decide the aforesaid question under Section A href="javascript:fnOpenGlobalPopUp('/ba/disp.asp','16613','1');">186 Cr.P.C. That being so, the Chief Metropolitan Magistrate, Delhi would alone be competent to enquire into and try the offences in question.

6. For the foregoing reasons I make the rule absolute and I direct that the Court of Chief Metropolitan Magistrate Delhi shall try the cases concerning the Malta Board tragedy.