SAMUEL JEBAKANI Vs. THE SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) Samuel Jebakani, the de facto complainant dissatisfied with the decision of the learned Additional Sessions Judge, Fast Track Mahila Court, Thoothukudi, dismissing his petition in Cr.M.P.No.90 of 2016 filed in S.C.No.232 of 2015, under Section 173 Cr.P.C., seeking re -investigation.

(2.) Based on the complaint of the said Samuel Jebakani, the Thoothukudi North Police, registered a case in Crime No.444 of 2011, for 'Girl Missing'. The Investigation Officer conducted the investigation, concluded it and filed the final report under Section 173(2) Cr.P.C., before the learned Judicial Magistrate No.II, Thoothukudi, for offences under Sections 366 and 376 I.P.C. The learned Judicial Magistrate took cognizance thereon in P.R.C.No.1 of 2013. Thereafter, the learned Judicial Magistrate supplied the copies of documents to the accused. The learned Judicial Magistrate, having found certain offences are exclusively triable by a Court of Sessions, committed the case to the Court of Principal Sessions Judge, Thoothukudi, under Section 209 Cr.P.C. The learned Principal Sessions Judge, Thoothukudi, made over the case to the learned Additional Sessions Judge, Fast Track Mahila Court, Thoothukudi, in S.C.No.232 of 2015, for trial.

(3.) The accused has appeared before the Trial Court. In the Trial Court, Samuel Jebakani filed Crl.M.P.No.90 of 2016, seeking a direction to Thoothukudi North Police Station, to conduct fresh investigation, under Section 173(8) Cr.P.C.