THAYAMBATH NARAYANI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are accused Nos.1 to 4 in Annexure-3 final report in C.C.No.436/2010 on the file of JFCM-Payyannur, charge sheeted for offences punishable under Sections 188, 447, 506(i) read with Section 34 of IPC. During the course of the trial of the case, the second respondent who is the de facto complainant filed C.M.P.No.3161/2012 before the learned Magistrate seeking an order directing further investigation in the crime under Section 173(8) of Cr.P.C. contending that the investigation conducted was defective and unfair.

(2.) The petitioners took strong exception to the request and contended that the de facto complainant has no locus standi to file a petition seeking further investigation and further there was no justifying reason also for making such a request. The learned Magistrate after considering the contentions of both sides was of the view that interest of justice demanded further investigation into the matter and accordingly impugned Annexure-6 order was passed on 22.8.2012 allowing C.M.P.3161/2012. This order is challenged in this Crl.M.C. invoking the inherent power of this Court under Section 482 of Cr.P.C.

(3.) I heard the learned counsel for the petitioners, the learned counsel for additional respondents 3 to 5 who were impleaded as the legalheirs of the second respondent who died during the pendency of this proceeding and also the learned Public Prosecutor.