MATTER OF STATE PROSECUTOR Vs. STATE PROSECUTOR

JUDGEMENT

(1.) THE question that arises for determination in these criminal references is whether the trial Magistrate has the right to dispense with the presence of a person and remove him from party array if it is conclusively established that he is not an accused person charged with any offence in the case under enquiry or trial.

(2.) THESE references came before us on account of an order of a learned single judge of this court under Section 3 of the Kerala High court Act, 1958. The District Magistrate (Judl ). Tellicherry referred these cases under Section 438 Criminal P. C. to this Court to pass an order in accordance with law setting aside the order of the Sub Magistrate, Cannanore passed on 30-11-1971 in c. C. 984/1971 and C. C. 985/1971.

(3.) IT requires no authority to state that the police has the right to file a sup-plementary charge-sheet after a final report under section 173 Criminal P. C. was filed. If a police officer after laying charge gets further information, he can still investigate and lay further charge-sheets. If fresh facts come to light after a final report, Magistrate's permission is not necessary for further investigation. So in this case the police officer was right in bringing to the notice of the Sub Magistrate that the charge was laid against a wrong person.