THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO.10030 OF 2010 Dated 28th April, 2010 Between: Uthanuru Kumudvathi …Petitioner And The Station House Officer, Kodumur PS, Kurnool District and another. …Respondents Counsel for the petitioner : Mr.Nandigam Krishna Rao Counsel for the respondents: AGP for Home The Court made the following: Order: This Writ Petition is filed for a Mandamus to direct respondent No.1 to investigate into Crime No.120 of 2007 of Kodumuru Police Station and charge all the accused apart from the accused in CC.No.484 of 2009 on the file of the Additional Judicial Magistrate of First Class, Kurnool, by including the charge under Section 307 IPC. In the view this Court is proposing to take, it is not necessary to refer in detail to the various averments mentioned in the affidavit filed in support of the Writ Petition. It will suffice to note that the petitioner, who is the defacto-complainant, is not satisfied with the investigation carried on by the Police in the above-mentioned Crime. In my opinion, the petitioner is entitled to approach the jurisdictional Magistrate under Section 173 (8) of the Code of Criminal Procedure, 1973. I n Kishan Lal vs. Dharmendra Bafna and another[1], the Hon’ble Supreme Court inter alia held that it is permissible for a Magistrate to direct further investigation as it is his duty to see that the investigation is carried out in a fair manner. It was further held that an order of further investigation can be made at various stags including the stage of trial i.e., after taking cognizance of the offence. The petitioner, being the defacto-complainant, is entitled to make appropriate application before the jurisdictional Magistrate by bringing to his notice the various aspects pertaining to the alleged defective investigation and chargesheet. On hearing the petitioner, if the jurisdictional Magistrate is satisfied that further investigation is required, he shall pass an appropriate order in that regard. Subject to the above observation, the Writ Petition is disposed of. As a sequel to disposal of the Writ Petition, WPMP No.12885 of 2010 filed by the petitioner for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY, J Dated 28th April, 2010 lur [1] (2009) 7 SCC 685