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SHAMPA DUTT (PAUL)
Hira Bhattacharyya – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
SHAMPA DUTT (PAUL), J.
1. The present revisional application has been preferred against the order dated 17.08.2023 passed by the learned Additional Chief Judicial Magistrate, Serampore, Hooghly, in G.R. Case No. 1502 of 2019 arising out of Uttarpara P.S. Case No. 394 of 2019 dated 02.08.2019 under Section 302/34 of the Indian Penal Code.
2. The petitioner’s case is that the petitioner is the unfortunate father of Rik Bhattacharyya, since deceased, who died in a suspicious incident at the age of 12 years (a student to Class VI) on 01.06.2019.
3. That on 01.06.2019 the said son of the petitioner was stated to have drowned in the River Ganges. As soon as the body of his son was recovered from the river, he was admitted to Kamala Roy Hospital by Sourav Mondal (Vicky) and thereafter admitted to Uttarpara State General Hospital by the petitioner himself, where he was declared ‘brought dead’. The petitioner has reasons to believe that two of the friends of the victim, namely, Anuvab Mete (son of Shib Charan Mete, resident of 96, Radha Gobindo Nagar, Hind Motor, P.S. Uttarpara) and Emon Banerjee (son of Subrata Banerjee, resident of 33, Dr. K.K. Ghosh Road, Bhadrakali, P.S. Uttarpar
The court affirmed that thorough investigations were conducted, finding no deficiencies or evidence of foul play, thus denying the request for re-investigation.
The magistrate has no power to order further investigation suo motu or on the request of the complainant/informant after cognizance is taken and the accused person appears, nor does the magistrate ha....
The court emphasized that further investigation must be justified by new evidence or deficiencies in the prior investigation, and the discretion to order it lies with the Magistrate based on case fac....
Further investigation – Whether further investigation should or should not be ordered is within discretion of Magistrate who will exercise such discretion on facts of each case and in accordance with....
The court emphasized the necessity of fair investigation in criminal proceedings and clarified the powers of the Magistrate to order further investigation under specific circumstances.
The court affirmed that magistrates cannot order further investigations post-cognizance without evidence of malafide, upholding the legitimacy of the charge sheet filed under Section 498A.
A Magistrate cannot order further investigation after charges are framed; this power exists only at the pre-cognizance stage to ensure a fair investigation.
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