MOHAN GOVEKAR Vs. STATE

JUDGEMENT

(1.) This proceeding is filed to challenge the order made by the learned JMFC, Panaji in Criminal Case No.143/11/C and also the judgment and order of Criminal Revision Application No.109/2011. The application filed by the brother of original complainant for giving direction to police to make further investigation under Section 173(8) of the Criminal Procedure Code (hereinafter referred to as 'the Code') is allowed by JMFC vide order dated 21/12/2011 and the said order is confirmed by the learned Additional Sessions Judge by judgment dated 7/02/2012. Both the sides are heard.

(2.) The submissions made show that in respect of incident of theft of metre of electricity, report was given against the petitioner and after making investigation the charge sheet came to be filed for offences under Sections 170, 336, 379, 452 of the Indian Penal Code and Sections 136 and 138 of the Electricity Act, 2003. The prosecution has examined all the witnesses at present. Submissions were made for respondent no.2 that when the application was filed for further investigation only charge was framed and no witness was examined. The grievance of brother of the original complainant is that proper investigation was not made, the accused was not arrested and even the metre of electricity was not seized by police.

(3.) Both the sides placed reliance on some reported cases. The learned Counsel for the petitioner placed reliance on the case reported at Reeta Nag V/s. State of West Bengal & Ors., 2009 9 SCC 129 The learned Counsel for the respondent no.2 placed reliance on the decision given by Punjab and Haryana High Court bench at Chandigarh in Criminal Revision No.975/2010 in the case of Tavinder Kaur V/s. State of Haryana & Ors., 2001 7 SCC 536 in the case of Hemant Dhasmana vs. Central Bureau Of Investigation & Anr.