TMI Blog2004 (4) TMI 608X X X X Extracts X X X X X X X X Extracts X X X X ..... -investigation by an independent agency. The prayer was made alleging that the local police had succumbed to the pressure exercised by local MLA and the investigation was not carried out in a straight forward manner. It was alleged that on 23.9.2003 around 12.30 a.m. persons belonging to a particular community carried deadly weapons and combustible materials and pursuant to the common object of an unlawful assembly caused destruction of shops belonging to persons of another community, by breaking them open and setting them ablaze. There was also large scale looting of articles. About 53 persons were arrested. Initially, in the FIR various offences including Sections 395 and 120B of the Indian Penal Code, 1860 (in short the 'IPC') an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fore the trial Court. Since such remedy was available under the Code, the petition under Article 226 of the Constitution of India, 1950 (in short the 'Constitution') was not entertained. In support of the appeal, learned counsel for the appellant submitted that the role of the prosecuting agency from the beginning is tainted with suspicion and visible leaning in favour of the accused persons. There was no urgency to seek deletion of Sections 395 and 120B IPC without full and complete investigation. It cannot be left to the ipse dixit of the investigating officer. That the complainant could approach the trial Court is no reason to gloss over partisan approach and attitude of the prosecuting agency, which was obliged to act indepen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has already framed charge under the section. It has been stated that there were few lapses in investigation and inquiry is being caused against the investigation officer with a view to initiate suitable departmental action. So far as the desirability of further investigation is concerned, it is stated that the case has been fixed for day-to-day hearing from 5.4.2004 to 15.4.2004 and if further investigation is done, it would prove infructuous and would only delay process of trial unnecessarily. Section 228 of the Code in Chapter XVII and Section 240 in Chapter XIX deal with framing of the charge during trial before a Court of Sessions and trial of Warrant -cases by Magistrates respectively. There is a scope of alteration of the charge du ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e at the truth. Sub-section (8) of Section 173 of the Code permits further investigation, and even dehors any direction from the Court as such, it is open to the police to conduct proper investigation, even after the Court took cognizance of any offence on the strength of a police report earlier submitted. All the more so, if as in this case, the Head of the Police Department also was not satisfied of the propriety or the manner and nature of investigation already conducted. In Om Prakash Narang and Anr. v State (Delhi Admn.) (AIR 1979 SC 1791) it was observed by this Court that further investigation is not altogether ruled out merely because cognizance has been taken by the Court. When defective investigation comes to light during co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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