CBI Can Be Asked To Furnish Crime File Only In Exceptional Circumstances And Not As Routine: Delhi HC [Read Judgment]

Delhi High Court has clarified that the Central Bureau of Investigation is not required to furnish Final Report - Part I unless the facts warrant 'exceptional circumstances'.

Justice Suresh Kumar Kait has held that access to FR-I cannot be made in normal course as it's an internal document of the said investigation agency. It is only under exceptional circumstances, that FR-I can be summoned by the court for its exclusive perusal of necessary, but not as a routine.

In the present case, CBI had challenged a direction issued by the Special CBI Court at Rouse Avenue, asking the agency to furnish its FR-I. In its challenge, CBI argued that the aforesaid document can only be called in the exceptional circumstances.

The court accepted the submission made by the investigative agency and went on to opine that under section 172 of Criminal Procedure Code the custody of the diaries has to be with the Investigating Officer.

"it is clearly mentioned that as per the mandate of Section 172 of Cr.P.C., the custody of the diaries has to be with the Investigating Officer. It is clearly mentioned that under exceptional circumstances, FR-I can be summoned by the Court for its exclusive perusal, if necessary but not as a routine.", stated the judgment.

The court has set aside the order of the Special CBI Court as the same was passed without recording any exceptional circumstances that could warrant the furnishing of the FR-I.

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