LINGAM SUBRAMANYAM Vs. PUTTA SESHADRI

JUDGEMENT

(1.) Criminal Revision case under Section 397 & 401 of Crl.P.C., against the judgment in Crl.MP No.77 of 2005 in SC No.104 of 2005 dated 25/10/2005 on the file of the court of the V Additional Sessions Judge, Tirupathi.

(2.) This Criminal Revision Case is filed by the de facto complainant against the order of V Additional Sessions Judge, Tirupathi, dated 25-10-2005 in Crl.M.P.No.77 of 2005 in Sessions Case No.104 of 2005.

(3.) The Sessions Case for the offences under sections 498-A and 304-B of the Indian Penal Code (for short 'I.P.C.') and Sections 3 and 4 of the Dowry Prohibition Act is pending against the accused. During the pendency of the Sessions Case, the learned Public Prosecutor filed Crl.M.P.No.77 of 2005 under section 173 (8) of the Code of Criminal Procedure (for short 'Cr.P.C.') for permission to do further investigation into the case. The accused vehemently opposed the application. The learned Sessions Judge, after hearing the respective contentions, came to a conclusion that the petitioner is not entitled for the relief's as prayed for and accordingly the petition was dismissed. The state did not prefer any revision against the said order. Therefore, the de facto complainant approached this court through this revision challenging the order of Sessions Judge on the ground that the Session Judge ought to have given an opportunity to the Investigating Officer to do further investigation.