In an appeal against the rejection of a prayer for fresh investigation, the Patna High Court dismissed the appeal, upholding the lower court's view that the prayer was unreasonable while prosecution evidence was closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4517 of 2021
Arising Out of PS. Case No.-68 Year-2018 Thana- BENIPATTI District- Madhubani
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RAM PRAKASH PASWAN S/O MAHENDRA PASWAN R/o villageSamda, P.S.- Benipatti, District- Madhubani
... ... Appellant/s
... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr.Subhash Kumar Jha For the Respondent/s : Mr.A.G. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
17 18-09-2023 Heard learned counsel for the appellant and the learned counsel for the State.
This application has been filed for setting aside the order dated 24.07.2021 passed in T.R. No. 708 of 2021, whereby the prayer for fresh and detailed investigation has been rejected.
Learned counsel for the appellant submits that the court below has failed to appreciate that fresh and detailed investigation regarding the CAF, C.D.R., C.T.L of the victim as well as opposite parties would reveal the truthfulness of the allegations/crime levelled against the appellant.
Learned counsel appearing for the State submits that
Patna High Court CR. APP (SJ) No.4517 of 2021(17) dt.18-09-2023 2/2
the court below has rightly rejected the prayer of the appellant mentioning that after investigation charge-sheet was submitted and charges were also framed against the accused persons. The case is at the stage of prosecution evidence. The Court below while rejecting the prayer of the appellant has observed that in the aforementioned circumstances allowing the prayer of the appellant for fresh investigation is not reasonable for the present. However, once the evidence of all the witnesses are closed, the prosecution may file any additional documents. Learned counsel, therefore, submits that the appeal filed by the appellant is fit to be dismissed.
Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, this Court does not find error in the order passed by the court below. The appeal is, accordingly, dismissed being devoid of any merit.
(Arvind Srivastava, J)
mcv/-
U T
1 issue framed by the court
Whether the rejection of the prayer for fresh and detailed investigation during the prosecution evidence stage was erroneous.
Raman Prakash Paswan
The State of Bihar
Ranjeet Yadav
Dheeraj Kumar
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
