V RAJAN Vs. STATE

JUDGEMENT

(1.) This Criminal Revision is preferred to call for the records in Crl.M.P. No. 2159 of 2007, on the file of the Judicial Magistrate Court, Melur, dated 29.05.2007 and set aside the same as illegal.

(2.) The Petitioner is the de-facto complainant in Crime No. 95 of 2006, on the file of the Respondent police. The Respondent police filed charge sheet referring the case as mistake of fact. Hence, the Petitioner has filed an application under Section 173(8) of Code of Criminal Procedure before the learned Judicial Magistrate, Melur, praying the court to direct further investigation by the Respondent police in Crime No. 95 of 2006. The said application came to be dismissed on 29.05.2007 by the learned Judicial Magistrate, Melur. This is the order challenged before this Court.

(3.) Mr. K. Baalasundharam, the learned Counsel for the Petitioner would submit that the Respondent police has not taken note of the pending civil litigations between the parties, that the Court may direct further investigation and that even after filing of the charge sheet, there is No. impediment for the Respondent police to request the Court for direction for further investigation.