Further investigation - cbi
CBI No.99/19
CBI vs Closure Report (Fake CBI Report Case)
CNR No.DLCT12-000853-2019
(Anjani Mahajan)
CMM/RADC/New Delhi
17.01.2023
16. It is also pertinent to note that although it is stated in
the final report that the concerned journalists Sh. Deepak
Chaurasia, Sh. Bhupinder Chaubey and Sh. Manoj Mitta had
been examined, however, the copy of statement of only Sh.
Bhupinder Chaubey u/s 161 Cr.P.C. is on record and it is only Sh.
Bhupinder Chaubey who is mentioned as a witness in the list of
witnesses filed by CBI alongwith the initial final report. I may
note that in the list of witnesses filed alongwith the
supplementary untrace report, the name of Sh. Bhupinder
Chaubey as well as names of certain other witnesses mentioned
in the original list of witnesses have inexplicably been removed
by the CBI which requires a re-look by the CBI. There are no
statements u/s 161 Cr.P.C. of Sh. Deepak Chaurasia and Sh.
Manoj Mitta on the record nor are they cited as witnesses in
either of the lists of the witnesses filed by the CBI.
17. Further enquiry is required to be conducted from the
concerned journalists on the aspect of their respective sources
DL00524
-7-
from whom they received the purported impugned forged
documents which became the basis of their respective news
items. Further, based on such information, additional clues
regarding the identities of the culprits who entered into the
alleged criminal conspiracy, prepared and fraudulently and
knowingly used as genuine the forged document by providing it
to the media/ getting it published/aired, could be found and
probed. Further investigation on this aspect is thus required to be
conducted.
18. Additionally, as per averments in the final report, the
two alleged forged status reports dated 30.07.2007 and
20.08.2007 contained several paragraphs lifted from the undated
status report of the CBI which was kept in sealed cover for the
perusal of the Hon’ble Supreme Court of India. The final report
is totally silent on the aspect of investigation, if at all any
conducted, as to how the official document i.e. the undated status
report of the CBI which was kept in sealed cover got leaked a
day before it was to be filed before the Hon’ble Apex Court, from
the office of CBI, ultimately reaching the media. Further, as per
the opinion of the FSL expert, the signatures of Smt. Tilotama
Varma had been lifted from the original note-sheet and
compressed and reproduced on the alleged 17 pages review note.
The final report does not disclose any investigation done, on the
aspect of how the forger could have gained access to the original
note-sheet of Smt. Tilotama Varma from which the signatures had
been lifted, compressed and reproduced on the alleged forged
document as per opinion of the CFSL.
DL00524
-8-
19. Thus, further, investigation is also required to be
carried out by the CBI on the modus operandi adopted by the
culprits for gaining access to/obtaining the official documents
including probing involvement of any insider in the acts alleged
and preparing the alleged forged 17 pages review note.
20. Hence, the untrace report is rejected and the CBI is
directed to carry out further investigation in the present case.
21. It is made clear that the IO, CBI shall be at liberty to
carry out further investigation or any other aspects as deemed fit,
however, the aspects highlighted in this order should be covered
in the further investigation to be conducted and supplementary
report to be filed.