- (1.) AFTER completion of investigation of Goghat Police Station Case No. 115 of 2006 the police submitted charge sheet under Sections 147/148/149/341/325/308/304 IPC against total 13 accused persons except the petitioner no. 1 and 2. The said charge sheet was submitted in November, 2009 and thereafter on July 27, 2011 the officer -in -charge of Goghat police station moved an application invoking section 173(8) CrPC before the learned Additional Chief Judicial Magistrate, Arambagh seeking permission for further investigation. On September 13, 2012, the learned Magistrate allowed such prayer for further investigation. Hence this criminal revision.
(2.) AT the very outset the learned counsel for the State took a preliminary objection and submitted that the order impugned is hopelessly time barred and this criminal revision did not accompany by any application for condonation of delay. It was further submitted that pursuant to the order passed by the learned court below already further investigation has been commenced long back, therefore, this criminal revision merits no consideration. Going through the materials on records, I find following an incident in which 3 persons were killed and 13 persons were injured a criminal case was registered at Goghat police station on the basis of a suo motu FIR lodged by one of the police officer of that police station. I further find after submission of chargesheet, the police prayed for further investigation, on the ground that after submission of charge sheet, on July 10, 2011, one of the key witness of the incident, one Rabeya Bibi @ Jhuma, whose husband Jalim Sha @ Chand was killed in the incident, came to the police station and made a further statement to the police. In which she not only narrated what she witnessed, at the same time disclosed while 2/3 innocent persons were wrongly charge sheeted, about 20/21 real culprits were left out. The learned counsel for the petitioner vehemently contended that the court below completely misdirected it, in passing an order for further investigation on the basis of statement of a witness who in her initial statement has not disclosed what she is now claiming to have seen. Therefore, order of further investigation ought to be quashed.
(3.) ON the other hand, the learned counsel for the State vehemently opposed this application and submitted that to unfold the truth further investigation is absolutely necessary and no mistake has been committed by the court below in directing further investigation. I have given my anxious and thoughtful consideration to the rival submissions of the parties. It is unfettered statutory right of the police to undertake further investigation and for that no prior permission of the court is necessary and it is sufficient if court is informed about the same before hand. However, in this case police with the permission of the court started further investigation more than a year back and by now sufficient progress has been made as it transpires from the case diary. In any event, by further investigation none will be prejudiced, on the other hand, the truth will be unfolded.;