Central Bureau Of Investigation, Through Head Of The Branch, Central Bureau Of Investigation, Anti- v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54284 of 2017 ====================================================== Central Bureau Of Investigation, through Head of the Branch, Central Bureau Of Investigation, Anti- Corruption Branch, Dr. S. K. Singh Path, Bailey Road, Patna- 800022.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Kavita Devi, Wife of Rinku Sharma, resident of Village- Jai Prabha Nagar, P.S. Chautham, District- Khagaria.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bipin Kumar Sinha, SC CBI For the O.P. No. 2 : Mr. Vijay Kr. Sinha, Advocate For the State : Mr. Pancha Nand Pandit, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 03-01-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner seeks modification of the order dated 08.08.2017 passed in Cr. Misc. No. 30039 of 2017 by which the Director, Central Bureau of Investigation was directed to conduct investigation regarding the large scale misappropriate, bungling and embezzlement of more than Rs. 1-2 crores in KCC loan disbursement scheme and the Superintendent of Police, Khagaria was directed to hand over all the papers relating to the said case to the Director, CBI.

It is submitted by the counsel for the CBI that CBI is overburdened with sensational and important cases and has

Patna High Court Cr.Misc. No.54284 of 2017 (4) dt.03-01-2018 2/2 shortage of manpower as well as resources. He submits that the matter relates to the district of Khagaria only and the CBI as an investigating agency is in seision with the matter relating to interState and national/ international investigations. He further submits that the State police is investigating the matter and the beneficiaries of the KCC loan had not demanded CBI investigation into the matter or dissatisfied with the investigation being done by the State police.

Under such circumstances, since the CBI is lacking enthusiasm in conducting the investigation, the matter is closed. However, the State police will continue to investigate the matter. The modification application is allowed to the extent indicated above.

(Nilu Agrawal, J.) Arjun/- U T