STATE OF KARNATAKA Vs. T. B. RAMAKRISHNA REDDY

JUDGEMENT

(1.) Leave granted.

(2.) Heard learned counsel for the parties.

(3.) The appellant herein was a person implicated in the case filed by Gownipalli Police Station in the Karnataka State. The said police registered a case under Ss. 143, 147, 148, 120-B, 302 read with Sec. 149 of the Indian Penal Code and certain provisions of the SC/ST (Prevention of Atrocities) Act, 1989 regarding the death of one N.C. Shamashankar Reddy whose body was found on the public road. Initially the police charge-sheeted fifteen persons and thereafter a new investigating officer took charge of the investigation and he conducted further investigation and on the basis of some statements given by additional witnesses then came to light a conspiracy wherein the appellant herein was also involved. The police did not file the additional report before the court and the complainant moved a criminal petition u/s. 482 of the Code of Criminal Procedure praying that the case should proceed against the appellant herein on the basis of the additional report prepared by the subsequent investigating officer. The learned Single Judge directed the police officer to file the additional investigation report and made further observations that the police officer shall submit supplementary charge- sheet before the Magistrate and secure an order for committing the case and the investigating agency shall place the material before the Magistrate concerned and further directed that the investigation report be also submitted to the Additional Sessions Judge before whom the case is committed.