MIRZA DAWOOD BAIG Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this petition is to the order dtd. 28/9/2021 passed by the Special/Additional Sessions Judge, Raipur, in Cr.Rev.No.58/2021 whereby the order dtd. 23/3/2021 passed by the Judicial Magistrate First Class, Raipur, in Cr.CaseNo.6998/2015 was affirmed.

(2.) Brief facts of this case are that charge sheet was filed against the petitioner under Ss. 498-A, 323, 377/34, 406 and 506B of the Indian Penal Code on a complaint filed by the complainant namely; Smt. Shahana Gazala (respondent No.3 herein). While the proceeding was pending before the trial Court an application was filed by the Public Prosecutor under Sec. 173(8) Cr.P.C. with a prayer to direct further investigation for proving the offence under Sec. 406 of the IPC. By order dtd. 16/12/2016 the learned Magistrate allowed such application filed by the prosecution and directed further investigation of the matter.

(3.) Grievance of the petitioner is that till date the further investigation which was carried out under Sec. 173 (8) Cr.P.C. is not produced before the Court. It is contended on behalf of the petitioner that the outcome of investigation would be necessary in order to meet out the case by the petitioner and it cannot be concealed.