HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.6952 OF 2010 ORDER: This Criminal Petition under Section 482 of the Code of Criminal Procedure is filed by the petitioner-A.5 seeking to quash the proceedings in P.R.C.No.15 of 2010 on the file of the Additional Judicial First Class Magistrate, Gudur, for the offence punishable under Sections 498A and 304B of Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act. Heard the learned counsel for the petitioner, the learned counsel for the second respondent and the learned Additional Public Prosecutor for the State. The learned counsel for the petitioner produced a copy of order dated 12.07.2010 passed by the Additional Judicial Magistrate of First Class, Guntur, which runs as follows: “While perusing the charge sheet for committal it is found that the deceased Pelluru Mrudhula died due to Asphyxia which is due to pressure over her upper air ways. Since the death of the deceased Murthula occurred within a period of two years and five months after her marriage and soon before her death she was subjected to harassment by demanding additional dowry etc., the investigating officer laid charge sheet u/s.498A IPC and 304-B IPC and Sec.3 and 4 of D.P.Act. However, there was no investigation on the line u/s.302 IPC, that is, who caused the Asphyxia which led to the death of the deceased Mrudhula and how the Asphyxia was caused and who are the persons responsible for the said act etc. Hence in the above said circumstances, the investigating officer is hereby directed to conduct further investigation in that regard and to file further report in this case. Call on 17.08.2010.” Learned counsel for the petitioner submitted that the Magistrate has no such power to pass such an order while committing the case under Section 209 Cr.P.C. to the Court of Sessions. Learned Public Prosecutor submitted that even though the Magistrate has no power to order for further investigation while invoking the provisions under Section 209 Cr.P.C., the investigating agency is at liberty to proceed further by way of informing the Court regarding their intention investigate further in the matter. This Court perused the entire material on record. At the time of adjudication of this Criminal Petition a new aspect has came to light and the same was informed by the de facto complainant also. This Court is of the view that the present order passed by the learned Magistrate is not in acceptance with the provisions of Section 209 Cr.P.C. But, in any event this Court is of the view that since the fact regarding commission of crime under Section 302 IPC has been brought before this Court, the Public Prosecutor is at liberty to instruct the Police officials concerned to inform their intention to proceed with the case for further investigation to the Court. In these circumstances, the present Criminal Petition is dismissed as premature. Further, the order passed by the learned Magistrate dated 12.07.2010 is hereby set aside. In any event, as observed by this Court in earlier paragraph, the investigating agency is at liberty to inform their intention to proceed further in this matter by way of filing an application before the concerned Court. After filing such an application, the investigating agency is at liberty to investigate the matter and file report. With above observations, the Criminal Petition is disposed of. However, if the petitioner is having any grievance against the result of further investigation, he is at liberty to approach this Court with appropriate application for appropriate relief. ________________________ JUSTICE RAJA ELANGO Dated : 02.09.2010 sur