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2025 Supreme(Online)(Cal) 2349

CALCUTTA HIGH COURT
Bibhas Ranjan De, J
Rahul Pal – Appellant
Versus
The State of West Bengal – Respondent


Advocates:
For the Appellant: Mr. Subhamoy Bhattacharya, Mr. Shankar Mukherjee, Mr. Shibam Banerjee
For the Respondents: Mr. Koushik Kundu

Judgement Key Points

Certainly. Here are the key points derived from the provided legal document:

  • The court emphasized that magistrates possess the authority to order further investigation at any stage prior to the trial, including post-cognizance, to ensure justice is served (!) .

  • The order refusing further investigation at the post-cognizance stage was found to be unjust, and the court mandated a reassessment of the application on its merits (!) .

  • The revisional application challenging the refusal was allowed, and the order previously passed was set aside (!) (!) .

  • The court directed the concerned magistrate to reconsider the application for further investigation on its merits and to dispose of it within a specified timeframe, ideally within six months from the communication of the order (!) .

  • The decision underscores the importance of a fair and just investigation, affirming that the power of magistrates to order further investigation is not limited by the stage of proceedings and should be exercised in accordance with law and the facts of each case (!) .

  • The order also highlights that the judicial approach should favor thorough investigation when new facts emerge or when justice requires, rather than restricting investigation prematurely or narrowly (!) .

  • The parties are permitted to act on the court’s order by downloading the official copy from the court’s website, and urgent copies can be issued upon request and compliance with formalities (!) (!) .

Would you like a more detailed analysis or specific legal advice based on this document?


Table of Content
1. challenge to refusal of further investigation. (Para 1 , 2)
2. arguments on magistrate's power. (Para 3 , 4)
3. court's emphasis on further investigative power. (Para 5 , 6)
4. conclusion on revisional application. (Para 7 , 8 , 10)

1. The instant revisional application has been filed assailing the order dated 02.12.2022 passed in Sessions Case No. 172 of 2022 corresponding to GR Case No. 53 of 2020 arising out of Santiniketan Police Station Case No. 07 of 2020 dated 16.01.2020 under Sections 341/323/326/307/120B of the Indian Penal Code, wherein the learned Additional Sessions Judge, Bolpur, Birbhum refused an application submitted under Section 173 (8) of the Code of Criminal Procedure filed on behalf of the de facto complainant solely on the ground that further investigation cannot be ordered at the post cognizance stage, relying on some decisions in AIR 2017 (SC) 774, 2013 CrLJ (SC) 754 and 2019 CrLJ (Hyderabad) 149

2. It is needless to mention that the learned Additional Sessions Judge did not enter into the merit of the application.

3. Learned counsel appearing on behalf of the petitioner has relied on a decision of Vinubhai Haribhai Malaviya & Ors. Vs. State of

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