RAJESH KHANNA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the sole accused in Crime No.1171/2010 of Kollam East Police Station as well as the respondent in C.M.P.No.9396/2014 filed by the 2nd respondent before the Chief Judicial Magistrate Court, Kollam. The second respondent's plea for ordering further investigation of the crime invoking Section 173(8) of Cr.P.C. was granted by the learned Magistrate and being aggrieved by the impugned order dated 4.3.2015, this Crl.M.C. has been filed under Section 482 of Cr.P.C. by the accused.

(2.) Crime No.1171/2010 registered under Section 506(1) IPC read with Sections 13 and 17 of Money Lenders Act was registered at the instance of the 2nd respondent's husband, Sri.C.D.Radhakrishnan and after investigation of the crime, the case was referred as being mistaken on facts. Challenging the final report, Sri.Radhakrishnan filed C.M.P.No.4825/2011 under Chapter XV of Cr.P.C . before the learned Magistrate against the accused and while the matter was pending enquiry under Section 202 of the Cr.P.C., Sri.Radhakrishnan passed away on 19.10.2012. The learned Magistrate without choosing to proceed further with the matter, dismissed the complaint on 20.2.2013. This order seems to have become final since nobody interested in the prosecution took up the matter before any superior court.

(3.) The 2nd respondent, the wife of deceased Radhakrishnan came to notice that despite the refer report being laid, fresh materials were available in the case pointing out the complicity of the petitioner to enable the police to undertake further investigation and approached the learned Magistrate with C.M.P.No.9396/2014 seeking for an order directing further investigation in the matter. It is after hearing the petitioner, the impugned order granting the request for further investigation was passed.