S KANDASAMY Vs. K KALIMUTHU

JUDGEMENT

(1.) THE accused in case pending trial in C.C. No.36 of 2006 on the file of Judicial Magistrate No.1, Namakkal are the petitioners before this Court. THEy challenge an order passed by such court in CMP No.3234 of 2006 dated 16.08.2007. A private complaint was lodged on 11.02.2005 before learned Judicial Magistrate No.1, Namakkal alleging commission of offences under sections 468, 471, 420 r/w 511 and 120(B) of IPC. THE same was referred to the second respondent police under section 156(3) CrPC. A case was registered in Crime No.400 of 2005 on 29.04.2005. On completion of investigation a final report informing commission of offences under section 468, 167 and 120 (B) of IPC was filed and the same was taken on file in C.C. No.36 of 2006. Before commencement of trial the complainant filed a petition under section 173(8) CrPC seeking conduct of further investigation and the same was allowed by the order under challenge.

(2.) HEARD learned counsel for the petitioners, the first respondent and learned Additional Public Prosecutor and perused the material available on record.

(3.) SRI. K.V. SRIdharan, learned counsel for the first respondent would oppose such submission by informing that the complainant was a person interested in assuring that action on his complaint reaches a just end. Towards such purpose it would be open to him to move a petition for further investigation and when the Court concerned found merit therein, it would but be proper that further investigation be directed, in the interests of justice.