HC clears CBI probe into Chandigarh cops, fines petitioners Rs 50,000

The matter traces back to an April 2022 FIR at the police station in Industrial Area, Chandigarh, which alleged offences under sections including 354 (assault on a woman’s modesty), 506 (criminal intimidation) and 384 (extortion).

The accused, Anil Bishwanath Malhotra, was arrested the same day, and an iPhone 12 with its SIM card was seized. The case was investigated by Sub-Inspector Satyawan on the directions of Station House Officer (SHO) Ram Rattan.

By July 2022, the Chandigarh Police filed a cancellation report, which was accepted by the Chief Judicial Magistrate on August 8, closing the FIR.

In December 2022, the Chandigarh DGP flagged “illegal and corrupt activities” during the investigation and asked the CBI to probe the matter. A preliminary enquiry began in January 2023 against then SSP Kuldeep Chahal.

The CBI later found that crucial evidence had been destroyed. According to the court’s findings, the original iPhone 12 seized from Malhotra was returned to him and replaced with an iPhone 7 without a SIM card, which was then sent to the forensic lab. The original seizure memo was destroyed and replaced with a false one.

Following this, the CBI sought and obtained mandatory approval under Section 17A of the Prevention of Corruption Act in April 2024, and registered a new FIR alleging fabrication of evidence, destruction of records and conspiracy, along with offences under the Prevention of Corruption Act.

Malhotra, in the first petition, argued that the FIR had already been cancelled, so any further CBI action was beyond jurisdiction. The second petition by Satyawan and Ram Rattan claimed that the CBI acted without prior approval under Section 17A, making its investigation “illegal.”

Both petitions also sought to restrain the CBI from taking coercive action. Interim stays were granted earlier this year, temporarily halting the CBI probe.

The court held that the original FIR had “died its own death” after the cancellation report was accepted in 2022, making the first petition infructuous.

On the second petition, the court said the CBI had followed due process by obtaining prior approval before registering the FIR against the two police officials.

Chief Justice Nagu observed that the allegations in the CBI probe were separate from those in the original FIR, as they related to misconduct by police personnel during the investigation.

Calling both petitions a waste of judicial time, the court dismissed them with a cost of Rs 25,000 each, warning that failure to pay within 30 days would result in listing the matter for compliance.