CHANDRA MANI SHUKLA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner is aggrieved by the order of the learned Magistrate refusing the prayer for further investigation. Learned advocate appearing for the petitioner submits that the application under Sec. 173(8) of the Code of Criminal Procedure was filed without the materials collected by the investigating agency being handed over to the present petitioner/ de facto complainant.

(2.) The petitioner would be at liberty to take out an application under Sec. 173(8) of the Code of Criminal Procedure before the learned trial court which is in seisin of the matter. The learned trial court would independently consider whether such prayer would be in the interest of justice and independently consider the issues including the discharge of the accused persons which have raised grievance to the petitioner/ de facto complainant and dispose of the same in accordance with law within a period of 40 days of filing of the same.

(3.) The aforesaid order would not be any bar in continuation of the investigation which has been submitted on behalf of the prosecution.