REJI JOSE Vs. DIRECTOR GENERAL OF POLICE THIRUVANANTHAPURAM

JUDGEMENT

(1.) Petitioner is the de facto complainant in SC No. 165/2009 on the file of Additional Sessions Court (Ad hoc-I), Kottayam, pending trial. This petition is filed under S.482 of Code of Criminal Procedure to order further investigation under S.173(8) of Code of Criminal Procedure by a superior officer not below the rank of a Deputy Superintendent of Police under the direct control of Superintendent of Police, Kottayam contending that there is lacuna in the investigation conducted and in such circumstances, in the interest of justice, a further investigation is to be ordered.

(2.) Learned counsel appearing for the petitioner and learned Public Prosecutor were heard.

(3.) Learned counsel appearing for the petitioner, relying on the decision of the Apex Court in Randhir Singh Rana v. The State being the Delhi Administration, 1997 KHC 247 : 1996 STPL (LE) 22611 SC : 1997 (1) KLT SN 73 : 1997 (1) SCC 361 : AIR 1997 SC 639 argued that the power under S.173(8) of Code of Criminal Procedure cannot be exercised by the Magistrate or the Sessions Judge after cognizance of the offence was taken and learned Sessions Judge cannot order further investigation and therefore, this Court has to consider whether a further investigation is warranted or not.