WB Post Poll Violence| Calcutta HC Allows CBI To Commence Investigation Afresh After Filing Of Chargesheet By State Police For Same Offence

The Calcutta High Court on Monday upheld a Single Judge order allowing the Central Bureau of Investigation (CBI) to take up investigation afresh in respect of a case pertaining to the West Bengal post poll violence even after the charge sheet had already been filed by the State police for the same offence and the case had already been committed for trial. 

The Court vide order dated August 19, 2021 had handed over to the CBI the investigation of cases related to murder, rape and crime against women whereas a SIT had been constituted to investigate other criminal cases related to the violence that had allegedly taken place post the declaration of the West Bengal assembly elections in May 2021.

A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj was adjudicating upon an appeal preferred against an order of a Single Judge dated March 21, 2022 wherein it had been held that interference under Article 226 of the Constitution is not warranted especially when an alternative effective remedy is available to the appellant under Section 482 of CrPC..

In the instant case, after a charge sheet was already registered on June 30, 2021 by the State Police, the CBI on the self same incident and against some new persons, had commenced investigation afresh after registering FIR at the instance of one Ratan Dolai.

The FIR had been lodged on March 30, 2021 at Marishda Police Station under Section 302 and Section 34 of the IPC with regards to an incident that took place on the same day. Subsequently,  after investigation by the State police, a charge sheet had been filed on June 30, 2021. Thereafter, on December 6, 2021 the concerned Magistrate had committed the case for trial. However, on December 21, 2021 the CBI had lodged an FIR for the same offence and thus a prayer was made before the High Court to quash the FIR registered by the CBI. 

Pursuant to the submissions of the parties, the Bench observed that the appellants are not entitled to any relief as they have not approached the writ court with 'clean hands' as they had not filed the last page of the chargesheet wherein the concerned Magistrate had given permission to conduct further investigation under Section 173(8) of CrPC.  

"A complete charge-sheet has been placed before us by the respondent no. 2 which reveals that the appellant had not filed the last page of the charge-sheet which clearly mentions about permission to take up further investigation under Section 173(8) of Cr.P.C. and to submit supplementary charge-sheet in continuation of investigation in respect of the rest FIR named and other accused persons, if sufficient evidence is found as well as if arrest is made in future and obtaining Chemical Examination Reports from FSL, Kolkata", the Court noted. 

Opining that the conduct of the appellants show that they have not approached the Court with 'clean hands', the Court underscored, 

"This apparently shows that the appellants had not approached the Writ Court with clean hands, therefore, they are not entitled to any relief in the petition."

The Court was further apprised by the counsel for the CBI that no fresh FIR has been registered but the FIR has been re-registered with the CBI to undertake further investigation.

The Court further observed that it is a settled position in law that when the remedy under Section 482 CrPC is available, the High Court should be loath and circumspect to exercise the jurisdiction under Article 226. Reliance was placed on the Supreme Court decisions in State of H.P. v. Prithi Chand and Another and Arnab Ranjan Goswami vs. Union of India and Others in this regard. 

Accordingly, the appeal was dismissed by observing, 

"The view which is taken by the learned Single Judge is duly supported by the above judgments of the Hon'ble Supreme Court. Since, alternative efficacious remedy under Section 482 of the Cr.P.C. is available which the appellants may avail in accordance with law, therefore, we are not examining the issue on merit which has been argued before this Court by referring to several judgments."

Case Title: Sekh Jamir and Others v. Central Bureau of Investigation and Others

Case Citation: 2022 LiveLaw (Cal) 158

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