SANTHOSH KUMAR Vs. JOINT DIRECTOR, CBI

JUDGEMENT

(1.) The sixth accused in S.C.No.1357/2013 on the files of the Court of the Special Judge(SPE/CBI), Thiruvananthapuram, has filed this petition under Sec. 482 of the Code of Criminal Procedure, 1973 (in short, 'Cr.PC') to quash the proceedings in the said case.

(2.) The aforesaid case was originally registered by the Sasthamcotta Police in connection with the attack on a reporter of Mathrubhumi daily on 16/4/2011 by a group of about eight persons and causing serious injuries to him. The investigation in the case was later on handed over to CBI as per G.O.No.164/2011/Home dtd. 25/7/2011. After the completion of the investigation, the Additional Superintendent of Police, CBI, SCB, Chennai, laid the final report before the Chief Judicial Magistrate Court, Ernakulam, on 3/7/2012 against five accused. Later on, the Deputy Superintendent of Police, SCB, CBI, SPE, Thiruvananthapuram, conducted further investigation and submitted a supplementary final report before the Special Court, on 7/11/2017, arraigning the petitioner herein as the sixth accused.

(3.) In the present petition, the petitioner would contend that the Thiruvananthapuram Unit of CBI was not empowered to conduct further investigation under Sec. 173(8) Cr.PC in respect of a case investigated by the Chennai Unit of CBI. Another contention raised by the petitioner against the maintainability of the prosecution is that the further investigation was conducted by an officer lower in rank than the officer who had earlier filed the final report. The inclusion of 71 new witnesses in the supplementary final report is pointed out by the petitioner in support of his contention that the further investigation in the case on hand is not in accordance with law. There is also the allegation that the further investigation was conducted with the dubious intention to exculpate the fifth accused by changing the substratum of the original case.