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SIDDHARTHA VARMA, RAM MANOHAR NARAYAN MISHRA
Devendra Tripathi – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
Ram Manohar Narayan Mishra, J.
1. By means of present writ petition, the petitioners, who are accused in present case, have prayed for issuance of a writ of mandamus directing the respondent Nos.1 and 2 to appoint another agency for fair investigation in Case Crime No.116 of 2023, under Sections 452, 376, 313, 506, 323, 427 IPC, P.S. Madhian, District Mirzapur, within stipulated period as fixed by this Hon’ble court.
2. Heard learned counsel for the petitioners, learned counsel for the respondent No.4, Sri Amit Sinha learned AGA for the State and perused the material placed on record.
3. The factual matrix of the case in brief are that the informant moved an application under Section 156(3) Cr.P.C. before the Court of Magistrate in District Court Mirzapur with allegations that on 17.7.2023, at around 7:00 AM, she was alone in the house, accused Girja Shanker @ Gopal (petitioner no.2) forcefully made his entry in her house and asked her for a spade. When she stated that her husband had taken the same to field, he tried to molest her and started touching her private parts by hand whereupon she raised cry. The accused dashed her on a cot and inserted finger in her private part;
The accused cannot demand a change in the investigating agency without clear evidence of mala fide conduct, emphasizing the need for caution in exercising such powers.
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 affirmed that magistrates cannot order further investigations post-cognizance without evidence of malafide, upholding the legitimacy of the charge sheet filed under Section 498A.
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.
A Magistrate cannot order further investigation after charges are framed; this power exists only at the pre-cognizance stage to ensure a fair investigation.
The court can direct a CBI investigation when local investigations are compromised, ensuring fairness and justice in legal proceedings.
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