S.N. Vijaywargiya Vs. Central Bureau of Investigation

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

MCRC, 26749 of 2017, Judgment Date: Dec 21, 2017

Law Laid Down -

• In terms of Section 170(1) of the CrPC, the Investigating Agency is mandated to produce an accused in custody for the non-bailable offence. The argument that the Court should have issued summons in respect of such offence stands rejected. An order dated 20.10.2016 of a Single Bench of this Court in MCRC No.17501/2016 (Rajendra Kori vs. State of Madhya Pradesh) - is overruled.
• Accused has no right to insist upon investigation by a particular agency – whether State police or CBI. It is the culpability of an offender which has to be tested on the basis of the investigations conducted by the prosecution agency before the Court of Law – Supreme Court judgment in 2011(5) SCC 79 (Narmada Bai vs. State of Gujarat & others) – relied.
• The argument that CBI could not have investigated the process of admission in private medical colleges in view of the fact that only the examination process conducted by VYAPAM was entrusted to CBI is found to be not tenable. VYAPAM Scam starts from the examination process and ends with the admissions, therefore, admissions in the private medical colleges are part of the VYAPAM Scam. Thus, CBI is competent to investigate the offence.
• Even if the process of admission in the private medical colleges is not treated to be part of the VYAPAM Scam, the State conveyed its “No objection” for the investigations including in the process of admission in the private medical colleges. Thus, it cannot be said that CBI has no jurisdiction to investigate and/or to submit report or special Court has no jurisdiction to take cognizance of the offence.

S.N. Vijaywargiya Vs. Central Bureau of Investigation