Indirani, 62 Years v. The State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN Crl. Revision Case No.592 of 2017 and Crl.M.P.No.5212 of 2017 Indirani .. Petitioner

Versus

The State represented by the Inspector of Police, Karamadai Police station, Mettupalayam Taluk, Coimbatore District.

.. Respondent Criminal Revision Case filed under Section 397 r/w 401 of the Criminal Procedure Code to set aside the order passed by the learned I Additinal District and Sessions Judge, Coimbatore, in Crl.M.P.No.78 of 2016 in S.C.No. 313/2015 dated 16.09.2016 . For Petitioner : Mr.B.Balavijayan For Respondents : Mr.R.Ravichandran Government Advocate (Crl. side)

O R D E R

Challenging the order passed by the I Additional District and Sessions Judge, Coimbatore, in Crl.M.P.No.78 of 2016 in S.C.No.313 of 2015, dated 16.09.2016, the present revision has been filed.

2. The petitioner is a defacto-complainant, alleging that there is no proper investigation by the respondent police, filed a petition under section 173(8) of Cr.P.C., seeking further investigation and the court below dismissed the same. challenging the order, the present revision has been filed.

3. A Full bench of this Court reported in 2017 (2) CTC 241 ( Chinnathambi @ Subramani vs. State), it has been held as follows:

https://hcservices.ecourts.gov.in/hcservices/

(vii) The power to grant permission for further investigation under Section 173(8) Cr.P.C., after cognizance has been taken on the police report can be exercised by the Magistrate only on a request made by the Investigating Agency and not, at the instance of anyone other than the Investigating Agency or even suo motu.

(viii) The power to grant permission for further investigation under Section 173(8) of Cr.P.C. can be exercised by the Magistrate before accepting the Negative Police Report thereby acting on the Protest Petition by the victim or the defacto complainant."

In the above circumstances, the defacto complainant cannot maintain a petition under Section 173(8) Cr.P.C., seeking further investigation. Hence, I find no irregularity or illegality in the orderpassed by the court below.

4. Accordingly, the Criminal Revision Case is dismissed. Consequently, connected miscellaneous petition is closed.

Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar mrp To

1. The I Additional District and Sessions Judge, Coimbatore.

2. The Inspector of Police, Karamadai Police Station, Mettupalayam Taluk, Coimbatore District.

3. The Public Prosecutor, High Court, Madras.

Crl.R.C.No.592 of 2017 MG(CO) VR(26/5/2017) https://hcservices.ecourts.gov.in/hcservices/