1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No.3268/2008 [Rajanna Narsayya Mogaram .vrs. State of Maharashtra and another] ............................................................................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders .............................................................................................................................. ..................................... Mr. S.V. Sirpurkar, Advocate for the applicant. .......... Coram : R.C. Chavan, J. Dated : 14 th January, 2009. Heard the learned counsel for the applicant. By this application under section 482 of the Code of Criminal Procedure, the accused in criminal case, takes exception to rejection of his prayer for further investigation under Section 173 (8) of the Code of Criminal Procedure. He has also challenged the order discharging non-applicant no.2. So far as the discharge of non-applicant no.2 is concerned, police had filed report under Section 169 of the Code of Criminal Procedure, in respect of which Magistrate was not required to do anything in the matter. Therefore, there was no decision by the learned 2 Magistrate. This report under Section 169 of the Code of Criminal Procedure is annexed as Annexure 5. Since the police had not found any evidence, non-applicant no.2 had to be discharged. So far as further investigation is concerned, there is no question to carry out further investigation at the instance of the applicant, who is an accused in the case. He could take appropriate defence at appropriate stage in the trial. Reliance is placed on the judgment of Supreme Court in Union Public Service Commission .vrs. S. Papaiah and others, (1997) 7 SCC 614. In that case request for further investigation had been made by the informant and not the accused. The informant may have a genuine grievance that in spite of informing the police, police did not carry out investigation properly in order to favour the accused. Such is not the present case. In view of this, no case for invocation of jurisdiction under Section 482 of the Code of Criminal Procedure is made out. The application is rejected. All the contentions which the applicant wants to take here could be taken by him at the appropriate stage of trial and they are kept open. JUDGE Gulande