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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
MRIDUL KUMAR KALITA
Dhrubajyoti Hatibaruah S/o Arun Hatibaruah – Appellant
Versus
State of Assam – Respondent
JUDGEMENT :
1. Heard Mr. A. Chowdhury, the learned Senior Counsel, assisted by Ms. B. Chowdhury, the learned Counsel for the petitioners. Also heard Mr. D. Das, the learned Additional Public Prosecutor, appearing for the State of Assam.
2. This criminal petition under Section 528 of BNSS, 2023, read with Article 227 of the Constitution of India, has been filed by 13 numbers of petitioners, who are praying for quashing of the Supplementary chargesheet No. 14 dated 12.09.2024, filed in the Special Case No. 02/2017, arising out of the Dibrugarh P.S. Case No. 936/2016, pending before the Court of the learned Special Judge, Assam.
3. The petitioners have also impugned the order dated24.06.2024, passed by the learned Special Judge, Assam, in the Special Case No. 02/2017, whereby further investigation was directed in the aforesaid case, after the filing of the Supplementary chargesheet No. 13, dated 20.06.2024.
4. The petitioners have also impugned the order, dated17.09.2024, passed by the Court of the learned Special Judge, Assam, in Special Case No. 02/2017, whereby the said Court took cognizance of offences under Section 109/120B/420/465/468/471 of the Indian Penal Code, 1860 read with Sec
The court upheld the authority of the Special Judge to direct further investigation and take cognizance based on cumulative evidence, emphasizing the necessity of new evidence in further investigatio....
Special Judge can direct further investigation post-cognizance at charge framing to remedy defective probe, prioritizing fair investigation over trial delay to ensure only guilty face trial under Art....
Further investigation post-charge sheet requires court permission and must be based on new evidence; otherwise, it constitutes an abuse of process.
Investigating Officers retain the right to conduct further investigation and file supplementary charge-sheets without court permission, although seeking such permission is an established practice.
Further investigation without prior court permission is valid under Section 173(8) of CrPC, and such investigation does not violate the principle of double jeopardy under Article 20(2) of the Constit....
There is no legal bar against further investigation. Section 173(8) of Criminal Procedure Code does not restrict reopening of the case in which charge-sheet has already been submitted and cognizance ....
The accused do not possess the right to request further investigation under Section 173(8) of the Cr.P.C., as this power is reserved for the investigating agency and the court, ensuring that the inve....
Point of Law : Since such a direction takes away the power of the sanctioning authority to take an independent position after applying, its mind upon the material and evidence collected as to whether....
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