KOLI GOVINDBHAI LAKHMANBHAI VAJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The applicant is the original complainant of the M. Case No.3/2006, filed for the offences punishable under Ss. 406 , 420 , 465 , 468 , 471 and 120B of the IPC. Initially, the investigation was entrusted to the concerned police agency under Sec. 156(3) of the Cr.P.C. Pursuant to the order of investigation by police, the charge-sheet under the aforesaid offences came to be filed. The applicant herein moved an application vide Exh.40 before the trial Court for further investigation to be initiated under Sec. 173(8) of the Cr.P.C. The trial Court vide order dtd. 2/8/2019, rejected the application being Criminal Case No.139 of 2007, observing that, after filing the charge-sheet, Court has no jurisdiction to pass any order for further investigation. Aggrieved by the order of the trial Court, the applicant herein carried the impugned order to the Court of Sessions by filing revision application. The Revisional Court vide order dtd. 10/5/2022, rejected the Criminal Revision Application No.47 of 2019, observing that, no any illegality or perversity found in the order passed by the trial Court.

(2.) In the aforesaid facts, the applicant has preferred the present application invoking inherent powers of the High Court, mainly on the ground that, the applicant Exh.40 rejected by the trial Court without considering the settled law, with respect to directing the police authority to carry out further investigation in the case.

(3.) Mr. Ashish Dagli, learned counsel for the applicant, relying upon the Three Judge Bench judgment of the Supreme Court delivered in the case of Vinubhai Haribhai Malaviya vs. State of Gujarat (2019 17 SCC 1), wherein it was held that, the Magistrate can order further investigation after a police report submitted under Sec. 173 .