IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32688 of 2008 1. Md.Shamsad. 2. Md. Naushad. 3. Md. Irshad, All sons of Md. Ilias. 4. Md. Ilias. 5. Md. Kalim, Both sons of Saukat Ali. 6. Md. Gyas, Son of Md. Kalimuddin. 7. Jubeda Khatoon Wife of Md. Azim. All residents of village Bhelwa, PS Bhawanipur in the district of Purnea --- Petitioners Versus The State Of Bihar ---- Opposite Party ----------- 2 4.7.2011 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. The petitioners are aggrieved by the order dated 7.6.2008 challenging the order passed by the Fast Track Court No. III, Purnea in Cr. Revisions No. 483 of 2007. The prosecution case is that on 16.6.2006 at 12 O’clock in the afternoon, the informant’s son was scolded for stealing pulse (Moong) from the fields which resulted in his death in the night. The police investigated the case and found that due to dirty village politics this false case has been filed. Final report has been submitted and accepted by the Court below. A protest petition was filed which was also accepted and the Court has fixed it for further enquiry under Section 202 of the Code of Criminal Procedure. In the mean time, the Officer Incharge of Bhawanipur Police Station filed an application seeking permission from the Chief Judicial Magistrate to further investigate the case. The Chief Judicial Magistrate rejected the application which resulted in 2 filing of the criminal revision. The Court has allowed further investigation in this case. I have no doubt about the fact that if the police officers find that there is a need for further investigation, they should indeed investigate the case. However, I strike of the observations of the Court below wherein it has been stated that the case is reopened for investigation ‘for collecting evidence as regard the involvement of a person in the alleged murder’. This observation of the Court should not be understood to mean, that there is some material against the petitioners or that there is a circumstance which indicates that the boy was murdered as alleged. An independent investigation without being influenced by any factor whatsoever should be the priority of the police officers concerned. Since investigation has been ordered in this case by the Court below, it goes without saying that the Chief Judicial Magistrate, Purnea should not proceed with the complaint. This application is thus, disposed of with the aforesaid observations. Sanjay ( Sheema Ali Khan, J.)