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2016 Supreme(Gau) 795

PARAN KUMAR PHUKAN
DIRECTOR, CBI – Appellant
Versus
MOHD. KASIM ALI – Respondent


Advocates Appeared:
For the Petitioner: Mr. P.N. Choudhury, SC, SBI.
For the Respondent:PP, Assam, Md. S. Ali, Mr. S. Hussain and Mr. M. Shah and B.B. Gogoi, Advocates.

JUDGMENT :

Paran Kumar Phukan, J.

Heard Mr. P.N. Choudhury, learned senior retainer counsel, CBI and also heard Mr. B.B. Gogoi, learned Addl. PP representing the State. None appeared for the private respondent despite service of notice.

2. This revision is directed against the order dated 25.9.2014 passed by the learned Special Magistrate, CBI, Bongaigaon in Special Case No.5/2012 arising out of Kokrajhar PS FIR dated 6.8.2012 on the basis of which Kokrajhar PS Case No. 350/2012 has been registered under Section 147/148/149/ 307 / 302/326 IPC r/w Section 25(1) (a), 27(1)(2)(3) of the Arms Act directing re-investigation of the case by separate Investigating Officer other than the Investigating Officer, who had earlier conducted investigation of the case.

Mr. P.N. Choudhury, learned senior retainer counsel, CBI submits that the impugned order has been passed by the learned Court without following the mandates of Section 173(8) of the CrPC inasmuch as the Court has no power to order re-investigation of the case after filing of the final report. It is further submitted that there was total non-application of mind by the learned Magistrate while passing the impugned order on the basis of th












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