K.K.Birla - (1.) THIS is a petition under Section 482 CrPC preferred by Sri Daya Shanker Singh for staying the proceedings in Sessions Trial No. 203 of 1984 pending in the court of Special Judge, Jaunpur.
(2.) A gruesome incident took place in which several persons were murdered and several persons were injured. The FIR was lodged by Sri Chiranjivi Rai on 8- 5-84 against the petitioner and 13 others named persons and 4-5 unknown persons. A charge-sheet was submitted against the petitioner and 15 others for the various offences. The case was committed to the Court of Sessions on 9- 10-84. The further investigation was ordered by the State Government to be conducted by the CB CID regarding which the permission of the Sessions Judge was also obtained on 30-4-86 (vide Annexure-I). On 26-8-86 the Special Judge before whom the case was pending did not stay the proceedings indefinitely but granted one month time only and fixed 3-10-86 for framing of charges, if any. Being aggrieved by this order Sri Daya Shanker Singh has moved this petition for the stay of the proceedings of the aforesaid case as mentioned above. The petitioner and Sri Chiranjivi Rai, opposite party have exchanged the affidavits. It is contended by the learned counsel for the petitioner that the investigation is being done by the CB CID as the earlier investigation had not inspired confidence, that after investigation fresh material may come and no offence be made out against the petitioner and others, that if the Sessions trial proceeds the petitioner may be deprived of the benefit of this investigation and, therefore, the Sessions trial should be stayed. It is, in fact been contended that once the investigation has been ordered, the Sessions trial legally could not proceed and must be stayed. On the other hand it has been contended by the learned counsel for the opposite party Chiranjivi Rai that there was no suspicion regarding the earlier investigation and that investigation was manoeuvered by political pressure. It was also contended that stay cannot be granted even if re-investigation has been ordered.
(3.) I have heard the contentions raised on behalf of the parties. It cannot be doubted in view of section 173 (8) CrPC that further investigation or re-investigation can be ordered even after charge sheet has been submitted. Even though this provision of sub-section (8) of section 173 has been introduced in the new Criminal Procedure Code (Act No. 2 of 1974) the order of further investigation even after cognizance of the case being taken by the Magistrate had been held to be valid. See Ram Lal Narang v. State (Delhi Administration), 1979 SC 1791.;