RAMJI CHAUHAN Vs. STATE OF U P

JUDGEMENT

(1.) S. K. Phaujdar, J. The matter was heard on 5-10-1998.

(2.) THE applicant is the complainant in case Crime No. 505 of 1997 relating to PS. Handia, District Allahabad. THE report was lodged on 12-9-1997 and the case was registered for an offence under Section 147/302, IPC, Police, however, submitted charge-sheet for an offence under Section 306, IPC only. After submission of charge-sheet the present applicant moved an ap plication before the court below for a direction for further investigation. Both the parties were heard and certain case laws were also considered by the court below. THE application was rejected on the ground that uiere was no reason to direct further investigation under Section 173 (8), Cr. PC. THE Magistrate was of the view that both the offences under Sections 302 and 306, IPC were triable by the Court of Sessions and it was open for the com plainant to urge before the Trial Judge that an offence of murder was made out on the basis of the materials in the case diary. This order of the Magistrate dated 22-8-1998 is under challenge in the instant application.

(3.) THE decision of the Allahabad High Court stands 1990 Crl. L. J, 456. In relation to the powers under Section 173 (8), Cr. PC. an Hon'ble Judge of this High Court had observed that when the charge-sheet had already been filed neither the informant nor the accused could claim further investigation as of right.