Magistrate can order for further investigation U/S 173(8) Cr.P.C - Minor Student Murder Case - HC Directs 'Reinvestigate' To CBI: Jharkhand HC

Jharkhand High Court transferred last week to the Central Bureau of Investigation a 2016 murder case involving a seventh-grade student (CBI). The Bench of Justice Sanjay Kumar Dwivedi emphasised that, in exceptional circumstances, the Court can direct an independent agency to conduct an investigation.

"In a case in which a 16-year-old child was found murdered on school grounds, a destitute father is desperately seeking justice. Thus, it is crystal clear that a reinvestigation by the independent agency is required "Friday was observed by the Court in its order.

Manbahala Mahto filed a petition requesting a new investigation into the murder of his 13-year-old son, Binay Mahto, whose body was discovered outside the teacher's quarter of a Ranchi-based school (within the school premises itself).

The petitioner's attorney stated that the seventh-grade student was murdered in the early hours of February 2016 and that an investigation was conducted. The charge sheet was then filed, the court assumed jurisdiction, and the trial commenced.

Nonetheless, during the course of the trial, the Trial Court determined that the investigation was not properly concluded and that the prosecution's storey created reasonable doubt. The court had also made observations regarding the investigating officer's conduct.

In this instance, even though the investigating agency had submitted the charge sheet, the investigation was still ongoing. Subsequently, the FSL report was filed, but the supplementary charge sheet has not been filed (to date), i.e. after more than six years have passed since the initial charge sheet.

On the basis of the trial court's observations regarding the investigation's superficiality, the present petition was filed with the High Court requesting a re-investigation.

Initially, the Court stated that despite the fact that the trial Court has jurisdiction to issue a re-investigation order pursuant to Section 173(2) of the Criminal Procedure Code, once the trial has begun, only the High Court has the authority to issue such an order.

In addition, concurring with the trial court's conclusion that the investigative agency did not conduct a proper investigation in this case, the Court stated:

"It is well-established that the Court may, in exceptional circumstances, order an investigation to be conducted by an independent agency if it determines that the public's confidence and perception of the investigating agency must be preserved."

Accordingly, the reinvestigation of the case was entrusted to the Central Bureau of Investigation, and the Central Bureau of Investigation was ordered to immediately assume responsibility for the investigation of this case from the Ranchi Police.

In addition, the CBI has been instructed to conclude the investigation within eight months of taking over the case from the Ranchi Police for re-investigation.

Lastly, the court ruled that after the CBI submits its additional report, the trial will proceed before the competent court, and that the pending trial will be halted until then. After the CBI submits its additional report, the court will proceed in accordance with the law. In light of the aforementioned observations and directives, the petition was granted and closed.

D.D:07-07-2022

Manbahala Mahto versus. State of Jharkhand and others