JAGDISH PATNI Vs. NIKITA PRAKASH PATNI

JUDGEMENT

(1.) The High Court dismissed the case of the petitioner by the impugned order relying on a judgment of this Court reported in Reeta Nag Vs. State of West Bengal and Others 2009(9) SCC 129 wherein it was held that the criminal Court is not competent to direct further investigation at the instance of de-facto complainant. Further, that judgment is rendered on the basis of the law as it existed prior to the judgment. By an amendment Act V of 2009 which came into force on 31st December, 2009, a right of appeal is created in favour of a victim against order of acquittal under the proviso of Section 372 CrPC. In the light of the above- Signature Not Verified mentioned amendment, the scheme of Section 173 Cr PC, in our view, requires a further examination.