CHHOTEY LAL Vs. STATE OF U P

JUDGEMENT

(1.) VINOD Prasad, J. Heard learned Counsel for the revisionists and the learned A. G. A.

(2.) THIS revision at the instance of the proposed accused persons is not maintainable as the final report was submitted and the Magistrate after hearing the complainant ordered for further investigation under Section 173 (8) Cr. P. C. The present revision has been filed by the malefactors in the said case challenging the aforesaid order. THIS matter no longer remains res judicata as the Apex Court has dwelt upon this matter more than two decades ago in the case of Samardha Sreepada Vallabha Venkata Vishwadaha Maharaj v. State of Andhra Pradesh, JT 1999 (4) SC 537, it has been held by the apex Court: "there is nothing in Section 173 (8) to suggest that the Court is obliged to hear the accused before any such direction is made. Casting of such obligation on the Court would only result in encumbering the Court with the burden of searching for all the potential accused to be afforded with the opportunity of being heard. "