K VENKITESH Vs. CBCID KOZHIKODE

JUDGEMENT

(1.) The petitioner is the 15th accused in a prosecution, inter alia, for offences punishable under Sections 468, 420 and 471 I.P.C. One charge sheet has been filed by the Investigating Officer in respect of different offences committed during the period from 1996 to 1998. Cognizance was taken long back and the case is seen numbered as C.C.No.653 of 2001.

(2.) Before commencement of trial, it would appear that it was realised that crucial error has been committed by the Investigating Officer in having filed one common report in respect of all the offences contrary to the provisions relating to joinder of charges. When this was realised, it would appear that the Prosecutor made a request under Section 173(8) Cr.P.C. on behalf of the State to permit further investigation to be conducted, so that proper charges complying with the provisions relating to joinder of charges can be filed by the Investigating Officer. The said application was opposed. But the learned Magistrate, by the impugned order, granted the said request.

(3.) The petitioner claims to be aggrieved by the impugned order. He has come to this Court with a prayer that powers under Section 482 Cr.P.C. may be invoked to set aside the impugned order, copy of which is produced as Annex.I.