REETA NAG Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this Special Leave Petition we are called upon to decide whether after charge-sheet has been filed by the investigating agency under Section 173(2) of the Code of Criminal Procedure, hereinafter referred to as "Cr.P.C", and charge has been framed against some of the accused on the basis thereof and the other co-accused have been discharged, the Magistrate can direct the investigating authorities to conduct a re-investigation or even further investigation under Sub-section (8) of Section 173 Cr.P.C.

(2.) In the instant case, on the basis of a charge-sheet filed by the Investigating Officer, the Sub-Divisional Judicial Magistrate, Asansol, West Bengal, on 9th July, 2004, took cognizance of offences alleged to have been committed by six of the original sixteen accused persons under Sections 467/468/120B of the Indian Penal Code. The other ten accused persons were discharged on the prayer of the Investigating Officer. Subsequently, on 20th August, 2004, while considering an application filed by the de facto complainant, who is the petitioner before us, under Section 173(8) Cr.P.C., praying for reinvestigation of the case, the learned Magistrate directed the Officer in-Charge, Asansol (South) Police Station, to reinvestigate the case and to submit a report.

(3.) The Respondents No. 2 and 3 filed an application under Section 482 Cr.P.C., being CRR No. 2318 of 2004, before the Calcutta High Court, for quashing the said order and the same was allowed by a judgment and order dated 31st January, 2007, which is the subject matter of challenge in the present Special Leave Petition