Further investigation of the case under section 5(6) of the Criminal Law Amendment Act, 1958–
Section 8 of the Criminal Law Amendment debars de-novo trial for an offence punishable under the Criminal Law Amendment Act. Moreso. under section 6A of the Act, a special time limit has been fixed for concluding trial of a case providing that the trial shall have to be concluded within 45 days from the date of taking cognizance of the offence and if the trial cannot be concluded within the said time, the Special Judge after recording reasons in writing conclude the trial within 15 days next thereafter. In this case more than 7 (seven) years elapsed from the date of taking cognizance of the offence. Moreso, the trial of the case is almost over. The examination of the alleged offenders is also over. On 2-2-2017 the petitioner has been examined. From the record, it appears that the learned Special Judge has assigned proper reasons in rejecting the application.
The application filed by the petitioner is misconceived one. We find no error in the order of the High Court Division that calls for interference. ...Begum Khaleda Zia =VS= State, (Criminal), 2019 (1) [6 LM (AD) 85] ....View Full Judgment

Unless an extraordinary case of gross abuse of power is made out by the investigating agency, the Court should be quite loathe to interfere with the investigation, a field actively reserved for the investigating agency and the executive. The expression 'further investigation' as used in 173(3B) is distinguishable from reinvestigation. Further is additional, more, supplemental. Further investigation is the continuation of the earlier investigation and not a fresh investigation or reinvestigation. Here in this case in his prayer the petitioner, inter alia, prayed, "........ ïaygvÎ `iLv¯ÍKvix Avmvgx wb‡Ri bv‡g AwR©Z ¯’vei I A¯’vei m¤ú` we‡ePbv wbwg‡Ë c~btZ`‡šÍ †cÖi‡bi Av‡`k `v‡b Avcbvi GKvšÍ gwR© nq|" We do not find any provision in the law for holding c~btZ`šÍ of the case at the instance of the accused person. The point raised by Mr AJ Mohammad Ali can be taken as defence of the case at the time of holding trial. We do not find any substance in this petition. .....Dr Khandaker Mosharraf Hossain =VS= State, (Criminal), 2018 (2) [5 LM (AD) 238] ....View Full Judgment

Further investigation– The informant lodged an FIR making specific allegations against the accused persons and the case started on that FIR. The police investigated into those allegations and submitted final report, but the learned Magistrate, considering the application filed by the informant against that final report and the materials on record including the FIR, without accepting that final report, ordered for a further investigation by judicial Magistrate, which was not illegal at all. ...Mahmud Miah =VS= The State, (Criminal), 2021(1) [10 LM (AD) 430] ....View Full Judgment