IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 22ND DECEMBER 2009 / 1ST POUSHA 1931 Crl.MC.No. 4148 of 2009() -------------------------------------- CRMP.3150/2009 of ADDL. SESSIONS COURT (ADHOC)-II, PALAKKAD. S.C. NO.1100/2005 OF ADDL. SESSIONS COURT,(FAST TRACK COURT II, PALAKKAD. .................... PETITIONER(S): RESPONDENT/ACCUSED --------------------------- CHANDRAN, S/O. KANDAN, PALLIKKAD HOUSE, CHATTIYODE, POTHUNDI, NAMMARA, PALAKKAD. BY ADVS. MR.P.VIJAYA BHANU MR.M.REVIKRISHNAN RESPONDENT(S): PETITIONER/COMPLAINANT --------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ Crl.M.C.NO.4148 OF 2009 ------------------------------------------ Dated 22nd December 2009 O R D E R Petitioner, the accused in S.C.1100/2005 on the file of Additional Sessions court, Fast Track-II, Palakkad filed this petition under Section 482 of Code of Criminal Procedure to quash Annexure-B order passed by learned Additional Sessions Judge permitting investigating officer to conduct further investigation under Section 173(8) of Code of Criminal Procedure based on Annexure-A petition filed by the Public Prosecutor. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Argument of the learned counsel Crmc 4148/09 2 appearing for the petitioner is that though investigating officer, on getting materials warranting further investigation, is entitled to conduct further investigation with the permission of the court as provided under Section 173(8), Annexure-A application was not filed by the investigating officer and instead it is filed by the Public Prosecutor and Annexure-A does not contain any material to order further investigation and in such circumstances, it is to be quashed. 4. Learned Public Prosecutor submitted that only a formal sanction is necessary for further investigation and question whether further investigation is warranted or not, is to be decided by the investigating officer and even if Annexure-A Crmc 4148/09 3 order is to be quashed for the reason that application is not filed by the investigating officer and instead by the Public Prosecutor, it may not affect the right of the investigating officer to proceed with further investigation as provided under Section 173(8) of Code of Criminal Procedure. 5. Sub Section 8 of Section 173 provides that nothing in the section shall be deemed to preclude further investigation in respect of an offence, after a report under sub Section 2 has been forwarded to the Magistrate, and the officer in charge of the police station if obtains further evidence, oral or documentary is competent to conduct further investigation. Though Code does not provide that further Crmc 4148/09 4 investigation could be done only with the permission of the court, as held by the Apex court in Ram Lal Narang v. State (Delhi Admn.) AIR 1979 SC 1791), When final report submitted under Section 173(2) of Code of Criminal Procedure has already been taken cognizance by the court, formal sanction is to be obtained for conducting further investigation. Sub Section 8 enables the investigating officer to conduct further investigation on obtaining any further evidence, either oral or documentary, warranting further investigation. Annexure-A petition is not filed by the investigating officer and the petition is filed by the Public Prosecutor. It does not reveal that any further evidence, either oral or documentary was obtained Crmc 4148/09 5 which warrants further investigation. In such circumstances, Annexure-B order granting sanction to conduct further investigation is quashed. But it is made clear that this order will not affect the right of the investigating officer to conduct further investigation as provided under Section 173(8) of Code of Criminal Procedure. If the investigating officer approaches the Sessions Judge for formal sanction, it is to be considered in accordance with law. Petition is allowed. M.SASIDHARAN NAMBIAR, JUDGE. uj.