RAMAKANT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE . Rule made returnable forthwith and heard finally with the consent of the learned counsel for the parties.

(2.) THE Petitioner claims to be original complainant who filed first information report, due to which Respondent Nos.3 and 4 are being prosecuted before the Court of Judicial Magistrate, First Class, Tuljapur in R.C.C. No.273 of 2007. Learned counsel for the Petitioner submitted that Petitioner had filed application Exhibit 27 for re -investigation and also filed application Exhibit 52 requesting for further investigation instead of re -investigation. Copy of the said application has been filed on record and marked "X" for identification.

(3.) LEARNED counsel for Respondent Nos.3 and 4 referred to the facts of the matter to say that the first information report was filed on 18th August, 2007 and charge -sheet filed on 4th October, 2007 and charge was framed on 25th November, 2008. The counsel submitted that two witnesses were examined and at such belated stage, the Petitioner moved for further investigation. According to the counsel, looking into the observations in the matter of Mitesh Kumar Rameshbhai Patel and another vs. State of Gujarat and another, reported in : 2006 Cri. L.J. Page 3198, further investigation could not be directed by the Court.