Court Not Approached With Clean Hands: 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 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. 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. 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 of CrPC.
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