Pasupathi G K vs State Represented By
2023 Latest Caselaw 9157 Mad

                                                                    Criminal Original Petition No.16783 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED : 27.07.2023

                                                           CORAM

                            THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                       Criminal Original Petition No.16783 of 2023

                     Pasupathi G K
                     S/o.(Late) G.Kumar                                             ...Petitioner
                                                              Vs
                     1.State represented by
                       The Superintendent of Police,
                       Salem District.

                     2.State represented by
                       The Inspector of Police,
                       Attaiyampatti Police Station,
                       Salem District - 637 501.                                    ... Respondents

                     PRAYER : Criminal Original Petition filed under Section 482 of the Code
                     of Criminal Procedure, 1973, praying to call for the final report in
                     C.C.No.112 of 2023 on the file of IV Judicial Magistrate Court, Salem and
                     set aside the final report submitted by the second respondent and it is further
                     prayed that this Court may be pleased to direct the Superintendent of Police,
                     Salem District, to re-investigate the complaint registered in Crime No.343 of
                     2015 on the file of Attaiyampatti Police Station.
                                     For Petitioner  : Mr.N.Baskaran
                                                       for Mr.V.Sridar
                                     For Respondents : Mr.A.Damodaran
                                                       Additional Public Prosecutor
                                                         *****

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https://www.mhc.tn.gov.in/judis
                                                                        Criminal Original Petition No.16783 of 2023


                                                          ORDER

This Criminal Original Petition has been filed to set aside the final

report filed by the second respondent and for a further direction to the

Superintendent of Police to reinvestigate the complaint registered in Crime

No.343 of 2015 on the file of second respondent.

2. Heard Mr.N.Baskaran, learned counsel for petitioner and

Mr.A.Damodaran, learned Additional Public Prosecutor appearing for

respondents.

3. The grievance of the petitioner is that there has been a slipshod

investigation in this case and that this case requires a re-investigation or at

least a further investigation.

4. In the considered view of this Court, if the respondent police has

not conducted a proper investigation, the trial Court itself has the power to

order for further investigation. The Apex Court has now settled the law to

the effect that further investigation can be ordered either at the instance of

the police or a petition filed by the de facto complainant. Useful reference

https://www.mhc.tn.gov.in/judis Criminal Original Petition No.16783 of 2023

can be made to the judgment of the Apex Court in Chandra Babu @ Moses

v. State [2015 (3) MLJ Crl. 597]. That apart, even after the final report is

taken cognizance, the trial Court has the power to order for further

investigation and the law on this issue has also been settled by the Apex

Court in Vinubhai Haribhai Malaviya & others v. The State of Gujarat

and another [2019 (3) MWN Crl. 349].

5. In view of the above, this Court finds that the trial Court itself has

the power to order for further investigation if it is found that the

investigation has not been properly conducted in the case. The trial Court

also has the power to direct the Superintendent of Police to monitor the

investigation if the investigation is not properly conducted by the respondent

police. It is left open to the petitioner to move an application in this regard

before the trial Court and the trial Court shall take into consideration the

materials available and also the judgments cited supra and take a decision in

accordance with law. The decision shall be taken by the trial Court before

framing charges since such a power ceases to exist once the trial

commences. The trial commences in a warrant case at the stage of framing

of charges. This should be kept in mind by the trial Court.

https://www.mhc.tn.gov.in/judis Criminal Original Petition No.16783 of 2023

N.ANAND VENKATESH, J gm

This Criminal Original Petition is disposed of with the above

direction.

27.07.2023 Note to office: Issue order copy by 31.07.2023

Index : Yes/No Speaking order:Yes/No Neutral citation:Yes/No gm

To

1.The IV Judicial Magistrate Court, Salem.

2.The Superintendent of Police, Salem District.

3.The Inspector of Police, Attaiyampatti Police Station, Salem District - 637 501.

4.The Public Prosecutor, High Court, Madras.

Criminal Original Petition No.16783 of 2023

https://www.mhc.tn.gov.in/judis