Minor Student's Dead Body Found Inside School Premises: Jharkhand High Court Directs CBI To 'Reinvestigate' 2016 Murder Case

The Jharkhand High Court last week transferred reinvestigation of a 2016 murder case of a 7th class student to the Central Bureau of Investigation (CBI). The Bench of Justice Sanjay Kumar Dwivedi stressed that the Court can direct the investigation by an independent agency under the exceptional situation"In a case where a 16 years' old child has been found murdered in the premises of the school and a poor father is running pillar to post for justice. Thus, it is crystal clear that it is a case of reinvestigation by the independent agency," the Court observed in its order of Friday.The case in briefEssentially, the Court was dealing with the plea filed by one Manbahala Mahto seeking de novo re-investigation of the case into the murder of his son, a 13-year-old Binay Mahto, whose dead body was found outside the teacher's quarter of a Ranchi-based School (within the school premises itself). The counsel appearing for the petitioner submitted that the 7th standard student was murdered in the wee hours of February 2016 and the investigation was carried out. Thereafter, the charge sheet was submitted and the Court took cognizance and the trial also proceeded.However, during the course of the trial, the Trial Court found that the investigation was not concluded in a proper way and the prosecution story was creating doubt. The Court had also made observations about the conduct of the Investigating Officer.In the instant case, though the investigating agency submitted the charge sheet, yet, the further investigation had been kept open. Thereafter, the FSL report was filed, but the supplementary charge sheet was not filed (till today) i.e. after lapse of more than 6 years of the first charge sheet.On the ground of the observations made by the trial court regarding the perfunctory investigation in the case, the instant petition was filed before the High Court seeking reinvestigation in the case.Court's observations At the outset, the Court noted that even though, the trial Court has the jurisdiction for a direction of re-investigation under Section 173(2) of the Cr.P.C., however, once the trial proceeds, the re-investigation cannot be directed by the trial Court and that such an order can only be passed by the High Court.Further, agreeing with the observations of the trial court that the investigation in the case was indeed not done properly by the investigative agency, the Court remarked thus:"It is well settled that the Court can direct the investigation by an independent agency under the exceptional situation, if Court comes to a conclusion that the confidence and credibility of the investigating agency is required to be maintained in the mind of the people in general."Accordingly, the reinvestigation of the case was handed over to the Central Bureau of Investigation and the Central Bureau of Investigation was directed to take over the investigation of this case immediately from the Ranchi Police.The CBI has further been asked to conclude the probe within eight months from the date of taking over the case for re-investigation from the Ranchi Police. Lastly, the Court ordered that after the submission of the further report by the CBI, the trial will proceed before the competent Court and till then the pending trial shall not proceed and after submission of the further report, the Court shall proceed in accordance with law. In view of the above observations and directions, the petition was allowed and disposed of.Case title - Manbahala Mahto v. State of Jharkhand and others [W.P.(Cr.) No. 73 of 2018]Case Citation: 2022 LiveLaw (Jha) 64Click Here To Read/Download Order

Minor Student's Dead Body Found Inside School Premises: Jharkhand High Court Directs CBI To 'Reinvestigate' 2016 Murder Case

Sparsh Upadhyay

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