VINAYKUMAR B HADDANNAVAR S/O BHEEMAPPA HADDANAVAR Vs. STATE OF KARNATAKA BY HIGH GROUNDS POLICE STATION

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and learned SPP for the State. Perused the order impugned in the petition.

(2.) The petitioner has challenged the order passed by the learned VIII ACMM, Bangalore in CC No.32668/2011 dated 5.2017 wherein the learned Magistrate has accepted the further report submitted by the Investigating Agency under Section 173(8) of the Code of Criminal Procedure, 1973 (in short 'the Code') by producing a private Forensic Laboratory report in addition to the Forensic Laboratory report already submitted along with the charge sheet.

(3.) The main question raised by the learned counsel is with regard to the investigation subsequently done by the investigating agency. There is no dispute in this case that the charge sheet has already been filed producing certain documents including the forensic laboratory report with reference to the thumb impression on a Xerox paper pertaining to the accused (petitioner herein). Subsequently, investigating agency has sought for further investigation into the matter. The Court has permitted the Police to further investigate the matter. The said order was challenged before this Court in Criminal Petition No.6388/16 and this Court has categorically held that under Section 173(8) of the Code, no permission of the Court is contemplated. It is the Police if they want to investigate further, then they can file a further investigation report under Section 173(8) of the Code. Therefore, the said application filed by the Prosecution did not merit for consideration by the Court.