SAMUAL JAMES Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This revision petition has been brought challenging the order dated 06.02.2021 passed by the First F.T.S.C. (POCSO Act), Bilaspur, C.G., dismissing the application of the accused persons filed under Section 173 (8) of Cr.P.C.

(2.) It is submitted by the learned counsel for the applicant that he has been arrayed as accused in the Special Sessions Trial No.129/19 and being prosecuted for commission of offence under Sections 354(A), 354(B), and 354(D), 506-B, 294, 323, 34 and 376 of I.P.C. and Sections 3, 4, 7 and 8 of POCSO Act. The application was filed under Section 173 (8) of Cr.P.C. for apprising the Court of the facts to show, that the applicant and others have been falsely implicated and it was on this basis, a prayer was made for additional investigation in the case. The petitioner had also preferred the Writ Petition (Criminal) No.1216 of 2019, making a similar prayer of further investigation in the case, which was decided vide order dated 11.12.2019 by this Court, in which liberty was granted to him to file application for further investigation in accordance with law. Subsequent to filing of the application, the petitioner has filed a number of document in the case. The trial Court directed to the S.H.O. of Police Station, Civil Lines, to make additional inquiry with respect to the documents. The documents filed have not been verified by the police.

(3.) Relying on the judgment of Supreme Court in the case of Vinubhai Haribhai Malaviya and Ors. Vs. State of Gujarat and Anr. , 2019 AIR(SC) 5233, it is submitted that the Supreme Court has held that the Magistrate has powers to order further investigation under Section 173 (8) of Cr.P.C. and such powers should be exercised for the protection of innocent persons.