New Delhi: Observing that the CBI probe into a coal block allocation case was "bereft of basic nuances of investigation", a special court Thursday ordered further probe in an FIR in which the agency had filed a closure report against Kolkata-based Vikash Metals and Power Ltd and its officials.
The court said that CBI's closure report requires further probe as some "crucial" aspects were not covered during the investigation.
"Perusal of PE (preliminary enquiry) and closure report show that the cart is sort to be placed before the horse. It appears on bare perusal of PE and closure report that the investigating officer(IO) first chose to decide the conclusion and thereafter, he proceeded to prepare his report.
"I am once again constraint to note that the closure report filed by the CBI, as in the present case, is bereft of basic nuances of investigation," Additional Sessions Judge Bharat Parashar said.
The court also said that a detailed order would be passed in the matter.
During the hearing, the judge pulled up the CBI's IO for not bringing in court the original report of PE conducted in the case and instead producing its photocopy before him.
"It is beyond comprehension as to how such kind of closure reports are being forwarded by senior officers which clearly shows that even the age-old well established procedures of investigation are not being followed," the court said.
The court also noted that during the hearing, even Special Public Prosecutor (SPP) R S Cheema stated he does not agree with the conclusion arrived at in the closure report.
"As rightly stated by SPP the present matter needs further investigation on crucial aspects for which separate order is to be passed," the court said and fixed the case for September 30 for further hearing.
CBI, in September 2012, had registered an FIR against Vikash Metals and Power Limited and its officials, accusing them of making false claims related to land allocation to get undue advantage in the coal block allocation.
The FIR was registered against Vikash Metals and Power Limited, its directors, including Vimal Patni, Vikash Patni and Anand Patni, and Anand Mallick who was the authorised signatory for the company.
They were booked for the alleged offences under sections 120 B (criminal conspiracy) and 420 (cheating) of the IPC.
CBI had earlier said that Vikash Metals and Power Limited wrongly claimed that it had been allocated 300 acre of land in Begusarai in Bihar by the Bihar Area Development Authority.
But the agency had found that the land was de-allocated and directors of the company failed to inform the screening committee members about it, it had said.
CBI has found that Vikash Metals and Power Limited were given Maurya Madhujore (North and South) block in 2009, it had said.
During the day's hearing, the court once again questioned CBI for "deliberately withholding" documents from it.
"There are a number of discrepancies and they (CBI) are withholding documents deliberately from this court. Why the provisions of the CrPC for withholding documents should not be invoked against CBI officers? They are deliberately doing it," the judge said.
While going through the documents, the court also noted that the Ministry of Steel had put Vikash Metals and Power Ltd in category six, i.E. Of least priority.
It also asked why the IO did not investigate the aspect of misrepresentation of net worth.
The IO's reply that there was a minor difference on the actual net worth of the company and the net worth shown by it to the screening committee, irked the court which asked the officer as to "who are you to decide that investigation will be conducted on which aspect and which one would be left".
