Application under Section 156(3) CrPC in Chandigarh District Court for monitoring investigation dismissed by court being not a fit case.

FACTS:

A local court has dismissed the application to monitor the investigation being carried out by the Economic Offence Wing (EOW) of the Chandigarh Police on a complaint of alleged embezzlement of funds at the Defence Services Officers Institute (DSOI), Sector 36, Chandigarh, and register an FIR against the defaulters.

Not satisfied with the police investigation, the complaint was filed by RS Gujral, former Vice-Chairman of the DSOI Major, under Section 156 (3) of the CrPc in 2017.

 FIR has not been registered by the police on his complaint. As such, he prayed for monitoring of the investigation being carried out by the Economic Offence Wing of the police, alleging that certain elements, noxious and virulent to the tenets of civilised society, are attempting to brow beat and hamper/derail the investigation process.

As per the HQ Western Command Arty Branch letter dated March 11, 2013, Rs 87.73 lakh and Rs28.73 lakh were expended on certain renovation. Apart from this, certain other amounts were spent on renovation and a total of Rs1.50 crore were spent which were not within the powers of General Officer Commanding in Chief HQ Western Command.

Major Gujral further stated that the financial powers of the Army Commander/General were restricted to Rs1250,000 so he could not spend such funds without taking an approval from the Ministry of Defence.

Court dismisses application for monitoring investigation
Court dismisses application for monitoring investigation

Judgment:         

  • Puneet Mohinia, Judicial Magistrate, stated in the order that given the fact that there is nothing on record which would have required the intervention of a specialist agency like the police. The guilt of the accused, if any, can also be established by way of evidence either oral and/or documentary for which the complainant can also avail of the remedy under the CrPC, by preferring a criminal complaint. The complainant can also examine such witnesses and the same can be examined by the court if prayed for.
  • This court finds that it is not a fit case to invoke the jurisdiction under Section 156(3) CrPC.
  • Court in the order stated that Gujral had alleged that the embezzlement of funds took place during the renovation done at the DSOI from December 2011 to March 2013. Since the funds for the DSOI are controlled by the HQ Western Command, the applicant had requested the HQ Western Command to order an enquiry into the funds expended by the DSOI management.
  • The Court stated that even the investigation agency in their status report dated has mentioned that they had raised certain queries from the DSOI in which they had stated that the renovation was carried out as per the sanctioned fund provided out of the Western Command Welfare Fund by the GOC in Command, HQ Western Command, who is also the ex-officio patron of the DSOI. The sanctions accorded in 2012 by the GOC-in-command were well within the financial powers of Rs1250000 per transaction.

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