IMPORTANT POINTS
(1) There is no embargo on powers of Magistrate to direct further investigation exercising powers under Section 173(8) of Cr.P.C., even after trial has commenced in appropriate cases.
(2) Purpose of a fair trial is not only to ensure that accused gets adequate opportunity to prove his innocence, but at the same time, victim and / or his family members and society as a whole should have satisfaction that investigation leading to trial was fair and impartial.

ORDER (ORAL)

Nikhil S. Kariel, J.—By way of present petition, the petitioner seeks further investigation with regard to the grievance raised by him before the learned Sessions Court vide application Exhibit 229 in Sessions Case No.55 of 2018 pending before the learned Sessions Court at Morbi.

2. Facts leading to this petition in brief are that:

2.1 An FIR came to be registered by the petitioner herein on 19.03.2018 at Morbi Taluka Police Station being CR I No.30 of 2018 for the offences punishable under Sections 143, 147, 148, 307, 302 and 34 of the Indian Penal Code and for the offence punishable under Section 25(1-B) A and 27(2) of the Arms Act and Section 135 of the Gujarat Police Act. The investigation had been concluded by the Investigating Officer by filing charge-sheet on 04.06.2018. At this stage, it would be pertinent to mention here that while the accused Nos.2 to 6 had been released on regular bail by this Court and whereas even the accused No.1 had initially been released by this Court vide order dated 24.10.2019, the same came to be challenged before the Supreme Court by the present applicant vide Criminal Appeal No.327 of 2020 and whereas the Supreme Court while setting aside the order of this Court, had directed the trial Court to conclude the proceedings as early as possible and preferably within 9 months from the date of receipt of the order of the Supreme Court. It is further stated that thereafter, the petitioner herein had preferred Special Criminal Application No.5155 of 2020 inter alia seeking direction against the investigating agency to inquire and submit a report with regard to the grievance raised by the applicant and whereas vide order dated 06.10.2020, the applicant had been permitted to withdraw the petition with a view to approach before the appropriate forum. Pursuant to the said order, the applicant herein had moved the learned Sessions Court vide application Exhibit 229 under Section 173(8) of the Code of Criminal Procedure praying for further investigation. It is stated by the petitioner herein in the said application that vide the criminal complaint, the allegation of firing by using fire arms had been alleged and whereas the same had resulted into death of one Sahdevsinh Lalubha Zala and the complainant and another witness have sustained injuries on account of said firing. It is further submitted that after the investigation, the charge-sheet had been filed and whereas in the course of investigation, weapons had been seized by the Investigating Officer and in the Panchnama as well as FSL report, it is found that the said weapons had been tampered with. It is stated that while some of the weapons had been recovered from the accused and some of the weapons were recovered through a relative and the same were licensed weapons yet in most of the weapons when they were seized, the weapons were found that their firing pins having been broken. It is further alleged that the weapons though were in working condition at the relevant point of time when the alleged crime had taken place, with a view to destroy the evidence, the firing pins have been tampered with and therefore, the application for further investigation was necessitated. It is further alleged that since the petitioner has levelled an allegation against the Investigating Officer for working in connivance with the accused since he was working with the father of one of the accused, who was also a Police Inspector and it is further alleged that since even SP concerned and the Investigating Officer had worked with the father of one of the accused in Junagadh, therefore, this aspect of investigation had not been touched upon to facilitate the accused. It is further mentioned that an affidavit stating as much had been submitted before the High Court during regular bail hearing of main accused herein. Under such circumstances, further investigation was requested to be carried out by some Senior Officer and based upon the report, addition of a