P.K. Biswas, J. - (1.) This is an application under section 401 read with section 482 of the Code of Criminal Procedure filed at the instance of Istakuddin Mondal alias Haradhan Mondal, petitioner herein, seeking to set aside the order dated 04-07-2000 passed by Sri D. Sarkar, learned Sub-Divisional Judicial Magistrate at Suri, Birbhum whereby the petitioner's prayer for further investigation in connection with Mohammadbazar P.S. Case No. 53/99 dated 19-6-1999 (G.R. Case No. 429/99) was rejected alleging mainly that the learned Magistrate ought to have taken into consideration the materials produced before him by the petitioner which clearly reveal that further investigation of this case should be made by the Investigating Agency but the learned Magistrate having failed to take into consideration those materials and consequent rejection of the prayer will certainly be taken as an attempt by the investigating agency to save the skin of the actual offender from the punishment, required in connection with this case. Since investigating agency failed to examine the important witness and failed to collect vital materials in the connected matter and since the prayer of the petitioner has been rejected it will suggest unmistakably that an extremely serious offence has been simplified to such an extent that the offenders are out to get away from this case with no punishment or minimum punishment. Hence, this prayer.
(2.) This prayer, however, has been opposed by the private parties alleging that the result of the investigation in the connected matter was made known to the petitioner being complainant of this case and the petitioner at the initial stage has not taken that plea before the concerned Court that they were not informed of the result of the investigation and from the investigation, as conducted in the concerned case, it could not also be said that there has been perfunctory investigation.
(3.) From the side of the State, however, it has been contended that in appropriate case, the Court has every right to order for further investigation.;