STATE BY MAHADEVAPURA POLICE STATION Vs. PADMAVATHAMMA C.

JUDGEMENT

(1.) The State is knocking at the doors of this Court calling in question an order passed by the learned Special Judge in Spl.C.No.1897/2023, directing further investigation to be conducted by the *Criminal Investigation Department (for short 'the CID'), which was not the Investigating Agency which had earlier conducted investigation.

(2.) Heard Sri Jagadeesha B.N., learned Additional State Public Prosecutor along with Sri Thejesh P., learned High Court Government Pleader for the petitioner and Sri Murthy D. Naik, learned senior counsel for Sri Sandeep C.T., learned counsel for respondent.

(3.) Facts in brief, germane, are as follows: A crime comes to be registered in Crime No.208/2023 for offences punishable under Ss. 302 r/w. 34 of the IPC on * Corrected vide chamber order dtd. 27/11/2024. an incident that happens on the same day. The police file a charge sheet before the concerned Court after completion of investigation for the aforesaid offences. After filing of the charge sheet, CW.3 - mother of the deceased files an application under Sec. 156(3) of the Cr.P.C. seeking further investigation to be done in the case. While the application was sought only for further investigation, the concerned Court allows the application by directing investigation to be conducted by a different Investigating Agency. Aggrieved by the said order, the State is before this Court in the subject petition.