Balbir Kumar vs State and Others

Muzaffar Hussain Attar, Judge

Petitioner Balbir Kumar was arrested in FIR No.65/2007 dated 22.06.2007 registered with Police Station, Nowshera, District Rajouri. The

petitioner is alleged to have been arrested on 22.06.2007 and ever since continues to languish in Jail at Rajouri.

This petition is filed with the prayer that the respondents be directed to re-investigate the case through other policy agency, preferably through

CBI or in the alternative by the Crime Branch of J&K Police by engaging some honest and efficient high ranking police official.

The petitioner claims to have been harpooned in a fabricated case. In order to unearth the true and correct facts, prayer is made to direct the

respondents 1 to 5 to get the case re-investigated through independent police agency.

Learned counsel for the petitioner submitted that report u/s 173 Cr.P.C. has been filed and matter is pending before the learned Sessions Judge,

Rajouri.

In view of the facts pleaded in this case, learned counsel for the petitioner submitted that the petitioner continues to suffer rigour of incarceration

for the last about three years, therefore, petitioner would like to file fresh application before the learned trial judge seeking directions for re-

investigation of the case.

The job of the Investigating Agency is to investigate the case and unearth the truth. Investigation does not end by filing report u/s 173 Cr.P.C. If

Investigating Agency comes across some more material and evidence after filing of the report/challan, it is the duty of the learned trial judge to take

cognizance of said material as well and order for further investigation/re-investigation of the case so as to ensure that innocent does not suffer and

guilty does not go unpunished. The concerned Police Agency has statutory power u/s 173 Cr.P.C. to conduct further investigation on its own. A

situation may arise after filing of the report u/s 173 Cr.P.C. whereunder the Investigating Agency/Police Agency may stumble over some

material/evidence touching merits of the case which in order to ascertain the truth may warrant further investigation in the case. The Investigating

Agency is clothed with statutory power to conduct further investigation even after filing of the challan before the competent court of jurisdiction.

However, in the event the Investigating Agency/ Police Agency intends to conduct further investigation, the Court of competent jurisdiction shall be

informed about the same.

This petition is accordingly disposed of with the directions to the learned trial judge that in case any application is filed by the petitioner seeking

further investigation/re-investigation of the case, he shall consider the same on its merits and pass appropriate orders within a period of one month

from the date application is filed.

Learned trial judge is further requested to dispose of the bail application, if any, pending before it with reasonable promptitude.

Disposed of along with connected CMP(s), if any.