Rahul Thakur Vs. State of H.P. & Ors along with connected matter. Cr. MMO No.135 & 228 of 2025 Reserved on:24.04.2025 Cr. MMO No.135 of 2025 09.05.2025 Present: Mr. Aasheesh Patial, Advocate, for the petitioner. Mr. Lokender Kutlehria, Additional Advocate General, for respondents Nos . 1 and 2/State. Mr. Janesh Mahajan, Advocate, for respondent No.3/CBI. Cr. MMO No.228 of 2025 Mr. Janesh Mahajan, Advocate, for the petitioner. Mr. Lokender Kutlehria, Additional Advocate General, for the respondents/State. Cr. MMO No.228 of 2025 The Central Bureau of Investigation (CBI) filed the present petition for transfer of complete judicial record of FIR No. 41 of PS Gaggal, District Kangra dated 05.05.2022, FIR No. 05 of PS CID, Bharari, Shimla (H.P) dated 07.05.2022 and FIR No.28 of PS Arki, District Solan, dated 17.04.2022 to the Court of learned Special Judicial Magistrate (CBI) – cum – CJM, Shimla (H.P) in case RC- 9(S)/2022, RC-10(S)/2022 and RC-09(S)/2023 registered in CBI, SCB, Chandigarh. It has been asserted that the FIRs RC-9(S)/2022, RC-10(S)/2022 and RC-09(S)/2023 related to the leakage of question paper of H.P. Police Recruitment Exam held on 27.03.2022 were registered at CBI, SCB/Chandigarh, under DOPT Notification issued with the consent of Government of H.P. transferring the investigation of three FIRs namely, FIR Nos. 28, 41 & 5 to CBI. The local police had filed the charge-sheets in the designated Courts of learned Judicial Magistrate First Class, Kangra, learned Additional Chief Judicial Magistrate-I, Shimla and learned Judicial Magistrate First Class, Arki, Solan. CBI also filed charge-sheets in the designated Court of learned Chief Judicial Magistrate/Special Judicial Magistrate, for CBI cases at Shimla against 35 accused persons on 11.03.2024, against 53 accused persons on 11.03.2024 and against 17 accused persons on 11.07.2024. The FIRS Nos. 41, 5 and 28 were handed over to the CBI on the request of the State Government. Once the matter has been entrusted to the CBI, it is not permissible for any other person to investigate or prosecute the matter. The trials are required to proceed before the learned Chief Judicial Magistrate/Special Judicial Magistrate, CBI Cases, Shimla. Therefore, it was prayed that the present petition be allowed, and the trials be transferred to the CBI. 2. The petition is opposed by the State by filing a reply making the preliminary submissions, reproducing the contents of the FIR. It was asserted that the police conducted the initial investigations, and the matter was transferred to the Special Investigation Team. The Special Investigation Team filed the charge-sheet against 91 accused persons before the learned Court of Additional Chief Judicial Magistrate, Kangra on 02.07.2022. The State Government ordered the transfer of the cases to the CBI. Hence, the cases were transferred to CBI on 18.05.2022. The matter is listed before the learned Trial Court on 31.07.2025. It was also admitted that the facts involved in the FIR registered by the local Police and CBI are identical. However, it was submitted that the criminal proceedings pending before the learned Trial Court be permitted to be concluded as per the law. 3. I have heard Mr. Janesh Mahajan, learned counsel for the petitioner/CBI and Mr. Lokender Kutlehria, learned Additional Advocate General, for the respondent- State. 4. Mr. Janesh Mahajan, learned counsel for the petitioner, submitted that the local Police had no jurisdiction to file the charge-sheet after the investigation was transferred to the CBI. The CBI also concluded the investigation and filed the charge sheet before the learned Special Court. The State had authorised the CBI to carry out the investigation considering the gravity of the offences. The trial regarding the same facts cannot proceed before different courts. Therefore, he prayed that the present petition be allowed and the proceedings be transferred to the learned Special Judge, CBI, Shimla. He relied upon the judgment of the Hon’ble Supreme Court in Nahar Singh Yadav & Anr. Vs. Union of India & Ors. (2011) 1 Supreme Court Cases 307, in support of his submission. 5. Mr. Lokender Kutlehria, learned Additional Advocate General, for the respondents-State, submitted that the charge-sheet was filed before the Court by the local Police after the completion of the investigation. The learned Trial Courts are seized of the matter. Therefore, he prayed that the present petition be dismissed. 6. I have given considerable thought to the submissions made at the bar and have gone through the records carefully. 7. It was not disputed in the reply that the FIRS registered by the local Police and the CBI pertain to the same sets of facts. It was also not disputed that the State Government issued a notification on 18.05.2022 transferring the FIRS Nos. 5 and 41 to CBI. Another notification was issued on 21.02.2023, transferring the investigation in FIR No.28 to the CBI. It was laid down by the Hon’ble Supreme Court in Nahar Singh Yadav (supra) that after the CBI assumes the role of Investigating Officer and the prosecuting agency, after issuance of a notification in relation to their particular case. It was observed: - “17. It is manifest that by operation of Section 6 of the DSPE Act, once a State Government issues a notification transferring the investigation to CBI, for all intents and purposes, CBI is entitled to exercise the same powers as the State police, in relation to the investigation transferred to it. As a necessary corollary, in the light of the current structure and status of CBI, it is manifest that CBI steps into and assumes the role of the prosecuting agency for that particular case.” 8. Therefore, the local Police had no jurisdiction to carry out the investigation and file a charge-sheet before the Court in respect of the offences where the investigation was handed over to the CBI. 9. The CBI has also filed a charge sheet before the learned Chief Judicial Magistrate, Shimla. Since the CBI is the Investigating/Prosecuting Agency, therefore, it is entitled to proceed with the matter. Hence, the present petition is allowed and the cases arising out of FIR No.41 of PS Gaggal, District Kangra, dated 05.05.2022, FIR No. 05 of PS CID, Bharari, Shimla (H.P) dated 07.05.2022 and FIR No.28 of PS Arki, District Solan, dated 17.04.2022, bearing Case No.149/2022 pending before learned Judicial Magistrate First Class, Kangra, Case No.214/2022 pending before the learned Additional Chief Judicial Magistrate-I, Shimla and Case No.47/2022 pending before learned Judicial Magistrate First Class, Arki, Solan are ordered to be transferred to the Court of learned Special Judicial Magistrate (CBI) – cum – CJM, CBI Cases, Shimla (H.P). Copies of this order be sent to the learned Judicial Magistrate First Class, Kangra, the learned Additional Chief Judicial Magistrate, Shimla and learned Judicial Magistrate First Class, Arki, Solan and the learned Chief Judicial Magistrate, Shimla for information. Learned Judicial Magistrate First Class, Kangra, learned Additional Chief Judicial Magistrate, Shimla and learned Judicial Magistrate First Class, Arki, Solan shall immediately transfer the record to learned Special Judicial Magistrate/Special Magistrate (CBI) - cum- CJM, CBI Cases, Shimla (H.P) who shall proceed with the matters as per the law. Cr. MMO No.135 of 2025 The present petition has been filed for quashing of the FIR No.05 of 2022 dated 07.05.2022, registered at Police Station CID Bharari, Shimla (H.P). One of the grounds is that the CBI has registered the FIRs and filed a charge-sheet against the accused before the competent Court of law, and the proceedings arising out of the FIR No.05 dated 07.05.2022 cannot continue before the learned Additional Chief Judicial Magistrate, Shimla. This Court has ordered the transfer of the cases to the Court of learned Judicial Magistrate/Special Magistrate (CBI) - cum- CJM, CBI Cases, Shimla (H.P) in Cr.MMO No. 228 of 2025 titled CBI Vs. State of H.P. & Ors, therefore, the maintainability of the present petition is doubtful after this order. Be put up for consideration on this aspect after two weeks. (Rakesh Kainthla) Judge 09th May, 2025 (Shamsh Tabrez)