Pooja Pal Vs. Union of India & Ors.
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Head Note
The Code of Criminal Procedure, 1973 - Section 157 , Section 173 , Constitution of India, 1950 - Article 21 , Article 136
CBI Investigation - De Novo Investigation - Prayer for - Assassination of the appellant's husband and other two others by firing in broad day light under the public gaze -Incident not one to be lightly glossed over or trivialized - Trial on the basis of the investigation completed hitherto by the state police and the CBCID has remained stayed by the orders of the Apex Court though prior thereto several eye-witnesses cited by the investigating agency have been examined - Persons cited as eye-witnesses by the investigating agency retracted from their version made before the police - Investigation has to be faulted as inefficient, incomplete and incautious with the inevitable consequence of failure of the prosecution in the case in hand - Made clear that these observations are by no means suggestive of the complicity of the respondent Nos. 4 & 5 and other accused persons standing trial - Held that notwithstanding the pendency of the trial, and the availability of the power of the courts below under Sections 311 and 391 of the Code read with Section 165 of the Evidence Act, it is of overwhelming and imperative necessity that to rule out any possibility of denial of justice to the parties and more importantly to instill and sustain the confidence of the community at large, the CBI directed to undertake a de novo investigation in the incident - Investigation directed to be completed as early as possible preferably within the period of six months - On receipt of the report by the CBI only, the trial court would proceed therewith in accordance with law and conduct and conclude the trial expeditiously and not later than six months - Interim order staying the ongoing trial made absolute.
Topic(s)-CBI Investigation - De novo investigation by CBI ordered