The court upheld the legality of the investigation and ruled that the petitioner could present independent witnesses during the trial, finding no merit in the claims for further investigation.

JUDGMENT :

ANIL KUMAR CHOUDHARY, J.

Heard the parties.

2. This Writ Petition (Cr.) has been filed invoking the jurisdiction of this Court under Article 226 of the Constitution of India with a prayer for issuance of an appropriate Writ(s)/Order(s)/Direction(s) in the nature of mandamus directing the respondents to conduct a further investigation in connection with Pandu P.S. case No.36 of 2024 corresponding to S.T. Case No.410 of 2024 currently pending in the court of Additional Sessions Judge-VIII, Palamau at Daltonganj and further to direct the Superintendent of Police, Palamau to take appropriate action on the representation submitted by the independent witnesses concerning the irregularities in the investigation and consequential relief.

3. The brief facts of the case is that the petitioner is an accused-person of Pandu P.S. case No.36 of 2024 which has been lodged in connection with the murder of Prince Kumar Mehta. The allegation against the petitioner is that the petitioner assaulted Prince Kumar Mehta with a bamboo stick on his stomach which resulted in his death.

4. Learned counsel for the petitioner submits that Police without conducting proper investigation and by not recording deposition of some witnesses, submitted charge-sheet against the petitioner. It is next submitted that the submission of charge-sheet against the petitioner and the continuation of the trial of S.T. Case No.410 of 2024 against the petitioner is in violation of Articles 20 and 21 of the Constitution of India. Hence, it is submitted that the prayer as prayed for in this Writ Petition (Cr.) be allowed.

5. Learned counsel appearing for the respondents on the other hand opposes the prayer of the petitioner made in this Writ Petition (Cr.) and submits that the Writ Petition (Cr.) is a vague one. The writ petitioner did not disclose the name of any of the witnesses who were willing to depose anything in respect of the case but was not examined by the Investigating Officer. It is next submitted by the learned counsel for the respondents that the investigation in respect of Pandu P.S. case No.36 of 2024 has been conducted in accordance with law and there is no illegality in the same. It is next submitted that the statement of the witnesses, which were recorded by the Investigating Officer of the case under Section 161 of the Code of Criminal Procedure, is sufficient to establish that it is the petitioner who has committed murder of Prince Kumar Mehta. Hence, it is submitted that there is no violation of Articles 20 and 21 of the Constitution of India. It is lastly submitted that this Writ Petition (Cr.), being without any merit, be dismissed.

6. Having heard the submissions made at the Bar and after going through the materials available in the record, it is pertinent to mention here that the sole ground upon which the writ petitioner urged upon this court for further investigation of the case is that though some independent witnesses were willing to get their statement recorded before the Investigating Officer of the case but the Investigating Officer of the case did not record their statement. As has rightly been submitted by the learned counsel for the respondents, the ground is vague one. Nowhere in the Writ Petition, it has been mentioned as to what is the name of the so-called independent witness, who wants to get his statement recorded. Moreover, in case, the charge is framed against the petitioner and the petitioner faces the trial, he can put in evidence of the persons, who the petitioners think are the independent witnesses, who can throw light on the occurrence, by examining them as defense witnesses, of course, if and when such stage comes, during the trial.

7. Under such circumstances, this Court do not find any justifiable reason to allow the prayer of the petitioner made in this Writ Petition (Cr.).

8. Accordingly, this Writ Petition (Cr.), being without any merit, is dismissed.