THOMAS ATHANACIOUS Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned Public Prosecutor. A private complaint was initially filed as CMP No. 894/2008 by one Sunny John, Nirappumyalil veedu, Koothattukulam kara, Koothattukulam Village, Muvattupuzha Taluk, Trustee Vadakara St. John's Jacobite Syrian Church, as the complainant. The same was forwarded to the police for investigation under Sec. 156(3) Cr.P.C. Consequently, Crime No. 217/2008 of the Koothattukulam Police Station was registered for the offences punishable under Ss. 141, 142, 143, 420, 468 and 471 of the Indian Penal Code. Subsequently, an investigation was conducted and a final report has been filed. The matter is pending as CC No. 209/2010 before the Court below.

(2.) Thereafter, CW 2 in the case filed Annexure -C CMP No. 945/2012 before the Court below seeking a further investigation under Sec. 173(8) Cr.P.C. in the matter by arraigning the petitioner herein along with another person as A35 and A34 respectively. In the cause title of Annexure -C, the details of the petitioner therein is shown as Kuriakose K.I., Kulakadumadathil veedu, Koothattukulam kara, Koothattukulam Village, Muvattupuzha Taluk, Trustee Vatakara St. John's Jacobite Syrian Church. The Court below, vide Annexure -D order in CMP No. 945/2012 in CC No. 209/2010 directed the SHO, Koothattukulam to conduct further investigation in the case under Sec. 173(8) Cr.P.C. Annexure -D order is under challenge.

(3.) True that, the Court below can suo motu order a further investigation under Sec. 173(8) Cr.P.C. The officer in charge of the Police Station, on obtaining further evidence, either oral or documentary, is also empowered to conduct a further investigation under Sec. 173(8) Cr.P.C. after informing the Court and seeking formal permission. The formal permission is being sought for, only for the purpose of enabling the concerned Court that the SHO or the Investigating Officer, as the case may be, is conducting a further investigation in the matter so that the matter pending before the Court shall stand stayed till a further final report is filed under Sec. 173(8) Cr.P.C.