Session Judge Imphal West has accepted the writ petition filed by mother of Ch. Sanjit, Chungkham Taratombi Leima pleading the court to direct CBI to re-open the investigation of the July 23, 2009 Khwairamband Keithel fake encounter killing case at which her son Ch Sanjit and another pregnant lady Rabina was killed in broad day light.
Counsel of the petitioner, Khaidem Mani while speaking to media persons said that the writ petition was first filed to the Manipur High Court but as the High Court directed to file the case at trial court the petition was filed today at the session court Imphal West under section 173(8) of the criminal procedure Code.
Taratombi leima moved to the court for re-opening of the case after Th Herojit, the Manipur Police Head Constable, who is among the nine accused had made confession to media that he himself shot dead Sanjit inside Maimu Pharmacy at BT Road Imphal after getting verbal order from a superior police officer. His statement also added that Sanjit was unarmed when he was shot dead by him.
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The application filed by mother of Ch. Sanjit under section 173(8) Cr.P.C is taken by the trial court for consideration on the next date. However, please keep in mind that in the case of Reeta Nag vs. Sate of West Bengal and others, reported in (2009) 9 SCC 129, the Hon’ble Supreme Court held that further investigation cannot be ordered under section 173(8) Cr.P.C. either suo moto by the Magistrate or at the instance of the de-facto complainant. It could be done only on the basis of the report filed by the police or prosecuting agency. In the aforesaid circumstances it has been made clear that the de-facto complainant is not entitled to seek further investigation under section 173(8) Cr.P.C. Let us see the decision to be delivered by trial court on this point.
Now, in view of the sudden turn of events and revelation from the main accused directly pointing towards a person who had not been charged earlier. With this reinvestigation of the to examine the truth of the involvement another person is quite indispensable. The trial court has a duty now, to book anybody who had been a part of the heinous crime. No crime should go unpunished. The sessions judge has to send down the records for reinvestigation. But, it is said that Herojit’s confessional statements have not so far been recorded. So I am not sure whether the time is ripe or not to file an application in that regard.