Delhi court seeks detailed report from CBI over non investigation of encounter case for 9 years

The court said that a communication should have been filed and the case should have been transferred to another agency for investigation.

An FIR was registered at Police Station in Baghpat Uttar Pradesh on the complaint filed by the family members of Manoj Kumar Vashist, who was killed in an alleged fake encounter in Sagar Ratna Restaurant, Rajender Nagar Delhi on May 16, 2025, allegedly by the special cell of Delhi police.

Additional Chief Judicial Magistrate (ACJM) Jyoti Maheshwari sought a detailed report from the DIG CBI and said, " Any FIR or report lodged by a person or aggrieved has to be taken to its logical conclusion and if the CBI, on account of the statutory compulsions, could not have investigated the above FIR, a communication or written report, regarding the same, had to be filed/sent.and the case should have been transferred to any other Investigating Agency, empowered to investigate the same."

The court took a serious view of the fact that the investigation was neither done not transferred to another agency.

"However, for more than a year, there has been no action on the said FIR. This is all the more unfortunate, especially in light of the letter dated 04/05.02.2021, wherein CBI had itself intimated to Delhi Police that the closure report was filed by it, purportedly in FIR No. 640/2015, PS-Baghpat.

The court said that even if it is a case of mere inadvertence, a true picture regarding the same, should have been brought to the notice of the Court.

In this circumstances the court sought a detailed report on the status of the investigation and directed, a detailed report be filed by DIG, CBI, as to the status of FIR No. 640/2015, Police Station (PS) Baghpat, which was admittedly transferred to CBI on 25.10.2015 and if CBI could not have investigated the same, why was no communication made by CBI to the concerned Investigating Agencies in this regard.

The report be filed at least one week before the.next date of hearing, the court ordered on February 7, 2025.

The court has also ordered to inform the course of action as proposed by CBI with regard to the said FIR.

The court has listed the matter for a report on the protest petition on 04.03.2025.

This order has been passed by the CBI court on the protest petition filed by Priyanka Sharma, the wife of deceased Manoj Kumar Vashist.

During the hearing, it was submitted by advocate Parikshit Sharma, Counsel for the protest petitioner, that it would be necessary to know the status or outcome of the FIR of PS Baghpat which was eventually transferred to CBI for investigation, and is closely connected to the present closure report.

On 16.05.2015, Manoj Kumar Vashisht lost his life, in an alleged fake counter by PS Special Cell at Sagar Ratna Restaurant in Rajinder Nagar. An FIR No. 361/2015, was registered at police station Rajinder Nagar, on 17.05.2015 on the written complaint of Dharmender Kumar, Inspector, Special Cell, Lodhi Road, Delhi police.

Subsequently, the investigation of the said FIR was taken up by CBI, and a case was registered on 16.07.2015.

A closure report was filed in the case by CBI on 03.10.2019. Additionally, an FIR at police station Baghpat on 12.07.2015 was lodged by Anil Vashisht, brother of the deceased Manoj Vashisht, under sections 147, 148, 149, 302, and 506 IPC.

The court noted that on 08.11.2019, CBI was directed to file the status, about the outcome of the FIR of PS Baghpat, UP, which was registered by Anil Vashisht, brother of the deceased.

On 16.11.2019, the Court had observed, "This Court is not making any further order regarding such FIR bearing no. 640/2015, as this Court is only dealing with CBI initiated cases at Magistrate level and admittedly, such FIR was never handed over to the CBI."

The court also noted that Priyanka Sharma had filed an application before the concerned Magistrate, for calling the status report, qua the progress of investigation in FIR of Police Station, Baghpat.

On 22.03.2022, the concerned Magistrate had observed, "These circumstances, prima facie reflect that from the status reports available on record as it emerges that the FIR in question was investigated by CBI and the closure report has already been filed before theconcerned Court, therefore, nothing further in the matter is left to be done by this Court as this Court does not have any jurisdiction to pass any orders concerning the cases investigated by the CBI at the Magistrate level."

"Therefore, in light of the contrary observations, it is important to ascertain the correct status of the FIR of PS Baghpat," the court had said.

The court sought clarification. from SP S.S. Gurum (part IO of the present case), IO/DSP Vinod Kumar and SHO, PS Rajinder Nagar, New Delhi as regards the said FIR.

While asking for a report, the court also took note of certain documents filed by SHO, PS Rajinder Nagar stating that FIR No. 640/15, PS Baghpat was sent to Deputy SP, Crime, CBI New Delhi on 25.10.2015.

Further, a letter of 29.01.2021 was also sent to SP, Crime, CBI for ascertaining the status of above-said FIR and CBI, through its letter dated 04/05.02.2021 intimated, that a closure report was filed by CBI in the above-said FIR, the court noted.

On February 7, the court noted, " Today, the IO/DSP Vinod Kumar as well as public prosecutor (PP) for CBI, has submitted that the FIR PS Baghpat is currently with CBI, but the same has not been investigated, as CBI can only investigate the offences, as per Sections 3 and 4 of the Delhi Special Police Establishment Act, 1946.

The court observed, "This, in the present case, has given rise to a peculiar situation, wherein the FIR has been transferred to CBI, but no investigation till date, has admittedly, been carried out by CBI."

"However, it is unfortunate to note that no communication or correspondence, whatsoever, has been sent by CBI to Delhi Police/any other Police agency, as to it not being empowered to investigate in the FIR No. 640/15," it further observed.

Upon being asked, it was submitted by PP for CBI as well as the IO that the closure report (in FIR No. 361/15, PS-Rajinder Nagar), which is the subject matter of the present case, has comprehensively covered the aspect of the investigation, as regards the alleged circumstances, in which the death of Manoj Kumar Vashisht took place and thus, nothing further is to be investigated.

" However, a bare perusal of the closure report shows that there is no iota of any mention of FIR No. 640/2015, PS-Baghpat in the present closure report. This leads to a uniquely dismal situation, wherein an FIR filed by a family member of the deceased, has been lying with CBI (since 25.10.2015 as submitted by Delhi Police ), but no action has been taken on the same, to date, the CBI court noted. (ANI)