'Final Report-I' Confidential Document Of CBI But Can Be Produced Before Court At Cognizance Stage In Exceptional Circumstances: Delhi HC

The Delhi High Court has ruled that production of Central Bureau of Investigation's (CBI) final report for the perusal of the special court cannot be denied at the stage of cognizance, if exceptional circumstances are made out.

Justice Anoop Kumar Mendiratta referred to the provisions in Chapter 18 of the CBI Crime Manual which provides that on completion of investigation, every IO is required to submit a “Final Report Part-I: also known as FR-I” setting out in detail in the prescribed proforma, result of probe and his recommendation for the type of action to be taken.

“Thus, even if the Final Report Part-I submitted by the Investigating Officer to the Supervisory Officer may be a confidential document with the primary purpose to apprise the Superior Officer and the Law Officers of the CBI, with a view to assess the merits and demerits of the case and facilitate passing of final order by the competent authority, the production of the same for perusal of the Court at the stage of cognizance cannot be denied if the exceptional circumstances are carved out,” the Court said.

Justice Mendiratta was dealing with a plea filed by CBI challenging three orders passed by the special judge directing the probe agency to produce the crime file in a corruption case.

The FIR was registered on the basis of complaint received from the State Bank of India against M/s CG Power & Industrial Solutions Ltd. and its directors or promoters, alleging that they have committed offences of cheating, criminal conspiracy, criminal misconduct and forgery and had misappropriated public money during 2015 to 2019, thereby causing loss to the tune of Rs. 2435 Crore to the Consortium of Banks.

Vide the impugned orders, the trial court said that the CBI wanted to put “veil of secrecy” so that the truth never comes out and remains embedded in the case file.

The counsel for the CBI clarified that crime file consists of four parts- Part-I consists of Note Sheets, Part-II consists of Correspondence File, Part-III consists of Reports including FR-I and FR-II and Part-IV consists of Case Diary.

He said that privilege can be claimed by CBI under Section 124 Indian Evidence Act against production of FR-I, FR-II and CBI Report when called by the Court.

Justice Mendiratta noted that the special judge passed the impugned order observing that none of the accused persons including the main perpetrators of the crime had been sought to be arrested at any point of time for the reasons best known to the CBI.

“As such, an inference was drawn that CBI had not taken the further investigation of the case seriously despite the huge magnitude of the amount involved. In the aforesaid background, directions were issued to the IO to produce the case diaries and the crime file for perusal of the Court,” the Court said.

The Court concluded that privilege cannot be claimed by CBI for perusal of the final report by the Special Judge considering the totality of facts and circumstances of the case.

It directed that FR-I shall be produced for perusal by the Special Judge, in a sealed cover, for taking cognizance or directing further course of action, in accordance with law.

“The production of remaining parts of the crime file shall not be insisted upon by the learned Trial Court/Special Judge (PC Act) (CBI). Further, the observations made by the learned Special Judge (PC Act) (CBI) casting aspersions on the Investigating Agency in the impugned order are set aside and shall not prejudice the rights and contentions of the Investigating Agency in any manner,” the Court said.

Title: CENTRAL BUREAU OF INVESTIGATION THROUGH ITS SUPERINTENDENT OF POLICE v. STATE OF NCT OF DELHI

Citation: 2025 LiveLaw (Del) 243

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