HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 3225 OF 2009. DATED 28th JULY, 2010. BETWEEN Kandula Srinivas and anr ….Petitioners and Ravuri Jayaraju and anr …Respondents HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 3225 OF 2009. ORDER: The Criminal Petition under Section 482 Cr.P.C. is ﬁled to quash the order dated 20.3.2009 passed in CF.No. 5642 of 2008 in Crime No. 183 of 2007 by the learned I Metropolitan Magistrate, Vijayawada. The order dated 20.3.2009 passed by the learned Magistrate, reads as follows: “Complaint present. Originally the FIR was registered u/s. 323 IPC, 506 IPC and U/S.3(x) of SC & ST P.A. Act. Honourable Junior Civil Judge, Gannavaram also recorded the statement of witnesses u/s. 164 Cr.P.C. Simply Penamaluru P.S. ﬁled Memo stating that case is false. I am not satisfied with the memo. Asst. Commissioner of Vijayawada City is directed to reinvestigate into the case under Section 173(8) Cr.PC. and submit report at an early date in the interest of complainant Ravuri Jayarajau. Call on 9.4.09.” The learned Counsel for the petitioners submitted that the matter could not have been ordered for reinvestigation after the investigation by the Investigating Oﬃcer. It is the submission of the learned Counsel for the petitioners that ordering of reinvestigation is not in accordance with the provision under Section 173(8) of the Cr.P.C. The learned Magistrate has only ordered for further investigation into the matter. A reading of the order of the learned Magistrate discloses that even-though the learned Magistrate has ordered reinvestigation, but the same applies that the learned Magistrate has ordered the Investigating Oﬃcer to proceed further with the matter under Section 173(8) Cr.P.C. Section 173(8) Cr.P.C. empowers the Investigating Oﬃcer to investigate the matter further. At this stage, the learned Counsel for the petitioners submitted that necessary direction may be given to the Investigating Oﬃcer explaining the order passed by the learned Magistrate. In view of the same, the Investigating Oﬃcer is directed to further investigate into the matter under Section 173(8) Cr.P.C. since the Investigating Oﬃcer is not having the power to reinvestigate the matter as per the order passed by the learned Magistrate. With the above observation, the Criminal Petition is disposed of. ----------------------------------- JUSTICE RAJA ELANGO DATED 29th JULY, 2010. Msnr.