YASMEEN MOHAMMED ZAHID Vs. NATIONAL INVESTIGATING AGENCY, REPRESENTED BY DEPUTY SUPERINTENDENT, OFFICE OF THE NATIONAL INVESTIGATING AGENCY, KOCHI UNIT, COCHIN 682001.

JUDGEMENT

(1.) This appeal is filed by the accused in SC No.1/2017 challenging order dated 5/12/2017 in Crl.M.P.No.126/2017. The application was filed by the prosecution under section 311 Cr.P.C., 1973 requesting the Court to issue summons and examine six additional witnesses and also for production of certain records. The application was opposed by the accused inter alia contending that the name of witnesses or the documents relied upon have not been mentioned anywhere, when the final report was filed under section 173(5) of the Cr.P.C., 1973 In the absence of a further investigation in the matter as provided under section 173(8), further witness or documents cannot be relied upon. The Court below however having considered the relevant aspects, allowed the application.

(2.) While impugning the aforesaid order, learned counsel for the appellant reiterated the contentions urged in the objection filed before the Court below.

(3.) We heard the learned counsel for the prosecution as well.