STATE OF KERALA Vs. SREEDHARAN

JUDGEMENT

(1.) The question mooted in this petition is whether a court is obliged to adjourn the trial on being informed that further investigation into the offence is in contemplation. The Public Prosecutor in the Trial Court moved that court (Assistant Sessions Court) to accord permission to "re-investigate" a case which was committed to the said court. Learned Assistant Sessions Judge, before whom the motion came, rejected it on the ground that "a petition for re-investigation at this stage seems to be unsustainable since it is highly belated".

(2.) Shri. M. Ratnasingh, learned Public Prosecutor (who is also the Director General of Prosecution in Kerala) contended that the court is obliged to adjourn proceedings on being told by the police that further investigation is in contemplation.

(3.) Under the Code of Criminal Procedure (for short 'the Code') a magistrate is empowered to take cognizance of the offence on receipt of police report and issue process to the accused. If the offence is exclusively triable by a court of session, the magistrate has to commit the case to the court of session. S.173(2) of the Code enjoins a duty on the police officer, in charge of the police station concerned, to forward the final report, after completing investigation, to the magistrate empowered to take cognizance of the offence.