The main legal point established in the judgment is the court's authority to order reinvestigation by an independent agency under exceptional circumstances to ensure a fair and just investigation, as mandated by the Cr.P.C. Section 173(8) and Article 21 of the Constitution.

JUDGMENT :

Heard Mr. Jitendra Shankar Singh, learned counsel appearing for the petitioner, Mr. Manoj Kumar, learned G.A.-III for the State and Mr. Prashant Pallav, learned A.S.G.I. for the CBI.

2. This petition has been directed for de novo re-investigation of the case, arising out of Dhurwa Ranchi (Tupudana O.P.) P.S. Case No. 45 of 2016 dated 05.02.2016 corresponding to G.R. No. 772 of 2016.

3. The case pertains to murder of Binay Mahto, a 13 years’ old son of the petitioner, whose dead body was found outside the teacher’s quarter of Sapphire International School, Ranchi located within the school premises itself. Late Binay Mahto was a VIIth Grade student of the said school.

4. Mr. Jitendra Shankar Singh, learned counsel appearing for the petitioner submits that late Binay Mahto was murdered in the wee hours of 05.02.2016 at around 1.30 AM and the petitioner received the said information about 3.00 AM from the officer of the Sapphire International School, who lodged the complaint, against which, an FIR, being P.S. Case No. 45 of 2016 was registered and the investigation began to be carried out by the Officer-in-charge, Tupudana O.P. and later on by the Assistant Superintendent of Police, Hatia, Ranchi, who issued instruction note to the I.O. to investigate the case. He submits that the chargesheet has been submitted and the learned Court has taken the cognizance and also the trial has proceeded. He further submits that in course of trial, the trial Court found that the investigation is not concluded in proper way and the prosecution story is creating the doubt. He further submits that the Court has further observed that it is surprising that three persons Smt. Kaninika Bose, Atanu Nag and R.N. Pradhan are only entitled to care all boys, who are residing in hostel, which are surrounded by the boundary wall and locked gate, but how the deceased Vinay Kumar Mahto reached before teacher resident’s gate, it is question for investigation, but I.O. do not take statement of hostel in-charge and produced a concocted story before the Court and finding that the learned Court called upon further persons to face the trial. However, this petition was filed prior to the order of trial court.

5. By order dated 26.09.2018, this Court observed that the supplementary investigation was kept pending, but no further report has been filed before the Court below and the order dated 01.06.2018 of the learned trial Court further substantiates the contention of the petitioner with respect to perfunctory investigation, being conducted by the police. On 04.10.2018, this Court stayed the further proceedings in the Court below, as the Central Forensic Science Laboratory, Kolkata had demanded certain equipment and the said Forensic report was not received by that time.

6. In view of para-54 of the case diary, which is annexed with this petition, it appears that the Inspector General of Police, Ranchi has directed to make investigation on certain lines, but the investigation has not been done on that point, as pointed out by the Inspector General of Police, Ranchi.

7. It is pertinent to mention here that two children were tried by the Juvenile Justice Board, Ranchi and by judgment dated 06.07.2018, the said two children have been acquitted by the Board and it has been observed that the I.O. (P.W.-18) regarding the children, who were arrested on the basis of scientific investigation is clearly demolished by the FSL report and it has been submitted that the police official wrongly arrived to the conclusion that the blood of deceased was found in the house of children. They ought to have waited for the FSL report before arriving at any conclusion.

8. It is settled that the investigation is for the purpose of collecting evidence by a police officer, and otherwise by any person authorized by a Magistrate in this behalf, and also pertains to a stage before the trial commences, which ultimately leads to a police report under the Cr.P.C., is an investigation conducted by t