ATUL CHANDRA BURAGOHAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) WHETHER a judicial magistrate can direct investigation or further investigation to be conducted by the Central Bureau of Investigation (commonly known as "CBI") ? This is the principal question, which has been raised for determination in the present revision. This question, in turn, brings me to a basic question, the basic question being as to whether it is permissible at all for a judicial, magistrate to direct the police to make further investigation into a case, wherein, on completion of investigation, the police has submitted charge sheet ?

(2.) I have heard Mr. U. Bhuyan, learned Counsel for the accused -petitioner, and Mr. P. Bora, learned Public Prosecutor, Assam.

(3.) PRESENTING the case, on behalf of the accused -petitioner, Mr. U. Bhuyan has pointed out that in the present case, when the police had already submitted a charge -sheet against the accused, the charge sheet indicated the conclusions already reached by the investigating officer, there was no scope to direct further investigation into the allegations made against the accused -petitioner, for, there is, according to Mr. Bhuyan, no provisions, under the Code of Criminal Procedure, ('the Code'), empowering a magistrate to direct further investigation or re -investigation into a case after the charge sheet has already been submitted by the police. At any rate, contends Mr. U. Bhuyan, the learned Magistrate had no power to direct investigation, much less further investigation, by the CBI. In support of his contention that the magistrate cannot direct the CBI to conduct investigation, Mr. Bhuyan has placed reliance on the case of Central Bureau of Investigation v. : 2001CriLJ968 .