Rahatoon Nisha, W/o Late Jawed Akhtar v. State of Jharkhand
2026-02-18
Gautam Kumar Choudhary
body2026
DailyLaw.ai
ORDER : GAUTAM KUMAR CHOUDHARY, J 1. This writ petition has been filed under Article 226 of the Constitution of India for a direction to transfer the case and to re-investigate Seraikela P.S. Case No. 126 of 2024 registered under Sections 103(1), 238, 49, 3(5) of BNS , 2023 and Section 25(1-b) a, 26, 27 and 35 of Arms Act from Central Bureau of Investigation. 2. The petitioner is the widow of the deceased who was shot dead by some unknown persons regarding which an FIR was lodged and after investigation, charge-sheet has already been submitted against two accused persons. 3. It is submitted by learned counsel for the petitioner that the investigation was not fairly done and, therefore, the prayer for re-investigation by CBI is being made. 4. There is no provision in the Criminal Procedure Code for ordering re- investigation. Constitutional courts can in exercise of power under Article 226 of the Constitution of India order such re-investigation in exceptional circumstance. It has been held in Sakiri Vasu v. State of U.P. , (2008) 2 SCC 409 : “ 31. No doubt the Magistrate cannot order investigation by CBI vide CBI v. State of Rajasthan [ (2001) 3 SCC 333 : 2001 SCC (Cri) 524] but this Court or the High Court has power under Article 136 or Article 226 to order investigation by CBI. That, however, should be done only in some rare and exceptional case, otherwise, CBI would be flooded with a large number of cases and would find it impossible to properly investigate all of them.” 5. In the present case, after investigation, charge-sheet has already been submitted under Sections 103(1), 238, 49, 3(5) of BNS , 2023 and Section 25(1-b) a, 26, 27 and 35 of Arms Act against altogether two accused persons. 6. Under the aforesaid facts and circumstances, I do not find it a fit case for allowing to re-investigate the case that too by the C.B.I . The writ petition (criminal) stands dismissed. Pending I.A., if any, stands disposed of.