ARAVINDAN Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) In the petition on hand, an order passed by Judicial First Class Magistrate Court, Kunnamangalam on 12/12/2013 in C.M.P No.7170/2013 in C.C No.297/2012, copy of which is appended to the petition on hand as Annexure-G, is sought to be set aside. C.M.P No.7170/2013 is an application filed by the Sub Inspector of Medical College Police Station, Kozhikode through Assistant Public Prosecutor under Sec. 173(8) of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C') seeking for an order to conduct further investigation in the case. The learned Magistrate has considered the application and dismissed the same for reasons which are incorporated in paragraph 8 of the order, extracted hereunder;

(2.) It has been observed by the learned Magistrate that no grounds are made out for ordering further investigation and that if further evidence is adduced by the petitioner during trial, any person, not being accused in the chargesheet can be proceeded against.

(3.) It is contended by Sri. Anoop P.V, the learned counsel for the petitioner that the defacto complainant is entitled to seek for further investigation under Sec. 173 (8) Cr.P.C. According to him, a learned single Judge of this Court in Thomas Athanacious Vs State of Kerala [2016 (2) KHC 193] has held that the defacto complainant has got the right to seek for further investigation under Sec. 173 (8) Cr.P.C in a case wherein all proper accused were not arrayed. Relying on the dictum, the learned counsel seeks for setting aside the order passed by the learned Magistrate, appended to as Annexure-G.