The order was passed by a single bench of the Court comprising of Justice N Kotiswar after the hearing of Cril Petition number 6 of 2017 filed by Dr Ak Jhalajit, CO of 2nd IRB against CBI and others.
The Court perushed the material on record and passed an order to stay the operation of Sessions Judge Imphal West regarding the cril misc case number 25 of 2017 with reference to CBI session trial number 7/2010/51/2015 RC number 1 (S) Imphal and RC number 2 (S) 2010 Imphal under Section 34/218/203/302 filed by Vijay Kumar Shukla, Investigation Officer of CBI New Delhi SC II which were allowed by the Sessions Court to proceed with further investigation into the firing incident.
Counsel of the petitioner, PB Goshwami gave his submission before the Court stating that CBI New Delhi approached the Sessions Court for further investigation without disclosure of discovery of any fact or document which is required as per a Supreme Court ruling for such case.
The Court also ruled that CBI shall not subject the petitioner to any coercive action of arrest.
It may be mentioned that statement of 90 prosecution witnesses of CBI had been recorded.
The order passed by Sessions Judge Imphal West mentioned that as per a Supreme Court ruling, a Court of law has the power to direct further investigation if the investigation agency moves the Court for investigation of the particular case.
It also mentioned that Investigation Officer of CBI is at the liberty to proceed further investigation of the case under Section 173 (8) of CrPC.
Source: The Sangai Express
