‘Judicial orders must give reasons when denying further probe’

Soumyadip Mullick, MP, 24 Sept 2025, Kolkata: Judicial orders must contain reasons when dismissing a request for further investigation, the Calcutta High Court held while setting aside an Alipore magistrate’s refusal to allow further inquiry in a case involving alleged cheating by a travel agency. 

The case began with a written complaint lodged by the Government of India against a company accused of duping job-seekers. According to the order, the organisation collected about Rs 10 lakh each from 29 persons on the promise of securing them overseas employment. Justice Chaitali Chatterjee Das delivered the ruling based on a revision petition filed by one Arka Mukherjee. 

Following investigation, the police submitted a final report, described in the judgment as an “F.R.T.”. 

Dissatisfied with the outcome, the complainant moved an application before the Chief Judicial Magistrate, Alipore, on July 2, 2024, seeking further investigation. That plea was rejected on July 30, 2025. 

The High Court noted that while the investigating officer had referred to enquiries conducted by the Special Branch and checks on bank accounts, several aspects were left unexplained. The order records that there was no clear indication of searches being made for a named accused, bank accounts were not fully scrutinised and certain witnesses remained unexamined. 

Observing that such omissions raise questions about the completeness of the investigation, the High Court faulted the magistrate for not addressing them adequately. It said that the earlier order failed to apply judicial mind and did not provide reasons for refusing further inquiry. 

The High Court remitted the matter to the magistrate for rehearing. The Chief Judicial Magistrate has been directed to give both parties an opportunity to be heard, examine the case diary and relevant records and then pass a reasoned order either granting or refusing further investigation. 

The court further directed that urgent certified copies of its judgment be made available to the parties if applied for.