MOTILAL SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Petitioner has filed this petition under Sec. 482 of the Criminal Procedure Code, 1973 (for short 'CrPC') challenging the order dtd. 19/4/2022 passed in Criminal Revision No.159/2020 by which learned Additional Sessions Judge/ Special Judge (Atrocities), Raipur has dismissed revision petition of petitioner.

(2.) Facts relevant for disposal of this petition are that based on complaint lodged by petitioner, FIR was registered against respondent Nos.2 to 4 and after investigation, charge sheet was submitted against them for the offence punishable under Ss. 420, 467, 471, 34 of the Indian Penal Code. The Court below framed charges and fixed the case for recording of evidence of prosecution witnesses. During course of trial, complainant / petitioner filed an application under Sec. 173 (8) of CrPC seeking a direction for further investigation. Learned Judicial Magistrate 1st Class, Raipur rejected said application vide order dtd. 21/1/2020 recording that charges have already been framed and matter is at the stage of recording of evidence. Petitioner preferred revision petition assailing order dtd. 21/1/2020 and the same was also dismissed vide order impugned.

(3.) Learned counsel for petitioner would submit that both the Courts below have erred in holding that since trial has begun, no direction for further investigation can be issued. He submits that only charge sheet is submitted after completion of investigation and therefore, petitioner's application under Sec. 173 (8) CrPC ought to have been allowed by Court below in view of decision of Hon'ble Supreme Court in case of Vinubhai Haribhai Malviya and others Vs. State of Gujarat & another, reported in (2019) 17 SCC 1, wherein it was held that merely taking cognizance would not be a bar for the trial Court to consider application under Sec. 173 (8) of CrPC.