GEETA BAI Vs. STATE OF M P

JUDGEMENT

(1.) THE applicant/proposed accused, has filed this revision being aggrieved by the order dated 29.6.2011 passed by the Second Upper Sessions Judge, Ashta, District Sehore in S.T.No.85/11 directing the investigating agency of the State of Madhya Pradesh under section 173(8) of the Cr.P.C to carry-out the supplementary investigation of the matter till the extent of the present applicant and file the supplementary charge sheet in that regard in the court of concerning Judicial Magistrate.

(2.) APPLICANT's counsel, after taking me through the papers placed on the record along with the impugned order has made his limited submissions saying that the trial court had authority to direct the investigating agency of the State to carry-out supplementary investigation under section 173(8) of the Cr.P.C but the investigating agency could not be directed by such court to file the supplementary charge sheet against the applicant before the concerning court. In continuation, he said that as per settled proposition of the law, the investigating agency should be extended full liberty to carry-out the supplementary investigation in the matter but it should not be directed to file the supplementary charge sheet. The charge sheet could be filed by the investigating agency in compliance of such direction if, after holding the supplementary investigation, the prima facie ingredients of the alleged offence are made out against the proposed accused like the applicant and, if such ingredients are not made out then the investigating agency should be at liberty to file the final report under section 169 of the Cr.P.C. He also placed his reliance on a decided case of the Apex Court in the matter of Abhinandan Jha and others Vs. Dinesh Mishra-AIR 1968 SC 117 and prayed for admitting and allowing this revision.

(3.) AS per the prescribed procedure, after holding the investigation or the supplementary investigation, if the ingredients of the alleged offence or any other offence are not made out against the accused like the present applicant then the investigating agency is not bound to file the charge sheet or the supplementary charge sheet against such accused. Filing of the final report or the charge sheet against the accused/proposed accused like the applicant, is only necessary when after holding such investigation the prima facie ingredients of the offence are made out against him/her and, if such ingredients are not made out then the investigating agency should be at liberty to file the final report under section 169 of the Cr.P.C for closing the matter till the extent of such accused like the applicant. It is apparent from the impugned order that such liberty has not been extended in favor of the investigating agency. On the contrary, the investigating agency has been directed to file the supplementary charge-sheet against the applicant, after carrying out the supplementary investigation in compliance of the impugned order.