Supreme Court Sets Aside HC Order for CBI Probe in Impersonation and Extortion Case, Emphasizes Restraint in Transferring Investigations.


02 April 2025 Criminal Appeals & Suspension of Sentence >> Criminal Law   |   Extortion >> Criminal Law   |   Investigation >> Criminal Law  

The Supreme Court of India in the matter of Vinay Aggarwal v/s The State of Haryana & Others., overturned the Punjab and Haryana High Court's order that directed the Central Bureau of Investigation (CBI) to take over the investigation of FIR No. 215/2022 registered at P.S Sector 20, Panchkula (Haryana). This FIR was lodged against the appellant based on a complaint by Jagbir Singh (respondent no. 3) alleging impersonation as an Inspector General of the Intelligence Bureau, extortion, and coercion into business dealings.

The High Court's decision to transfer the investigation to the CBI was based on the complainant's unsubstantiated allegations that local police might be in collusion with the appellant. The Supreme Court found that these were vague assertions and noted that the complainant admitted to knowing the appellant for a significant period. The Supreme Court emphasized that CBI investigations should not be ordered routinely or based on mere allegations against the local police, but only in exceptional cases where necessary to ensure credibility, address national/international ramifications, or achieve complete justice. The Court found that the circumstances of this case did not meet these stringent criteria, especially since the Haryana Police had already formed a Special Investigation Team (SIT) to handle the matter.


 

 

The Supreme Court also addressed a prior FIR (No. 01/2022) filed against the appellant in Himachal Pradesh on similar allegations, which was subsequently quashed by the Himachal Pradesh High Court. While acknowledging the existence of this earlier FIR, the Supreme Court did not find the two FIRs to be broadly similar.

Furthermore, the Court took note of an FIR registered by the CBI despite a stay order issued by the Supreme Court. The CBI official involved tendered an unconditional apology, stating the registration was a mistake due to a lack of awareness of the stay order, and confirmed that the case papers had been returned to the Haryana Police. The Court accepted the apology and disposed of the related contempt petition.

Finally, the Supreme Court clarified that its observations were limited to the issue of CBI investigation and should not influence the ongoing investigation by the Haryana Police, which is expected to be conducted fairly and justly.