Ranchi: Jharkhand High Court has rejected the petition of CBI, in which permission was sought to register an FIR against Pankaj Mishra and others in the case of illegal mining. The court of Justice Sanjay Kumar Dwivedi considered the CBI’s modification petition to be filed by misinterpreting its earlier order and rejected the petition. The court said in its order that the order given earlier is clear that it is for the Director of CBI to decide whether to register an FIR or not on the basis of the facts found in the preliminary investigation. In the case of Vijay Hansda’s demand for an independent agency to investigate the FIR lodged in the Lemon Pahad case of Sahibganj and the subsequent withdrawal of the petition, the court had ordered the CBI to register a PE and conduct a preliminary investigation.
It was also said in the order that the CBI Director will decide whether to register an FIR or not on the basis of the facts found in the preliminary investigation. After this order of the court, Vijay Hansda lodged an FIR against ED witness Mukesh Yadav in Dhurva police station. In this, allegations were also made against ED officials. A petition was filed in the High Court on behalf of Mukesh Yadav to cancel the FIR lodged at Dhurva police station. After hearing this, the court banned taking coercive action against Mukesh Yadav and others. It also said that both the cases are related to each other.
CBI had started preliminary investigation
CBI registered a PE in the light of the petition filed by Vijay Hansda and started preliminary investigation. After this, CBI filed its report in the High Court in the case of the petition filed by Mukesh. In this, snatching of mobile phone of ED officer was mentioned. In its report filed in the court, CBI said that the FIR against the ED witness was lodged at Dhurva police station on the instructions of the lawyer. After this, CBI filed a modification petition in the petition filed by Vijay Hansda. In this petition, CBI requested the court to amend its first order and pass an appropriate order.
In its first order, the court had ordered to register only PE and investigate the role of Vijay Hansda along with Pankaj Mishra and others in the illegal mining case at Nibu Pahad in Sahibganj. The court should give a clear order on the issue of filing FIR after preliminary investigation. Judge Sanjay Kumar Dwivedi canceled this modification of CBI. It also said that the court has made it clear in its first order that the CBI Director will decide whether to register an FIR or not based on the facts found in the preliminary investigation. Therefore, it is wrong for CBI to file the modification petition.