Point of Law: When once case is put on trial against the accused and also some of the witnesses have been examined as PWs.1 to 18 and through them documents have been marked respectively, therefore, it cannot arise for even further investigation as contemplated under Section 173(8) of Cr.P.C

ORDER :

Shri Chandappa Gowda who is the complainant/first informant in Spl.C.No.203/2016 in Cr.No.250/2012 of Belthangady P.S. and so also arising in RC.2(S)/2014CBI/SCB/CHN for the offences punishable under Section 376 and 302 of the IPC, 1860 has filed W.P.No.2208/2018 seeking for issuance of a writ of mandamus directing the first respondent/Central Bureau of Investigation to reinvestigate the aforesaid case originally in Cr.No.250/2012, in respect of which investigation was done by the Investigating Agency and laid the chargesheet against the accused in Spl.C.No.203/2016 vide Annexure-“A” and for such other order/direction deemed fit in the facts and circumstances of the case.

2. The petitioners in Crl.P.No.1928/2017 have filed the said petition aggrieved by the order dated 07.02.2017 passed by the L Addl. City Civil and Sessions Judge, Bengaluru allowing the petition filed by PW-1/Respondent No.2 herein for further investigation in Spl.Case No.203/2016 and have prayed to set aside the said order.

3. The petitioners in Crl.P.No.8678/2016 have filed the said petition seeking to set aside the impugned order dated 19.11.2016 passed by the Court of the LAddl. City Civil and Sessions Judge, Bengaluru in Spl.C.C.No.203/2016 allowing the petition filed by PW1 and summoning the petitioners herein as additional accused and seeking further to quash all further proceedings in Spl.C.C.No.203/2016 in respect of the petitioners.

4. The petition in W.P.No.2208/2018 has been preferred by one Chandappa Gowda who is the first informant under Articles 226 and 227 of the Constitution of India read with Section 482 of the Cr.P.C. seeking for a court monitored investigation to be conducted by the Respondent No.1/CBI by way of reinvestigation in respect of the original Cr.No.250/2012 dated 09.10.2012 registered by the Belthangady Police. Investigation has been conducted in the said case in Cr.No.250/2012 and chargesheet has already been filed in Spl.C.C.No.203/2016.

5. The father of the victim-Sowjanya, namely Chandappa Gowda had filed an application under Section 319 of the Cr.P.C. to summon three persons proposed as accused on the ground that there being material on record to show that they have committed the alleged offences. Accordingly, the Trial Court had directed to issue summons to the petitioners being proposed as accused in Cr.No.250/2012. The petitioners in Crl.P.No.8678/2016 namely Mr. Dhiraj Jain/first petitioner, second petitioner Mr. Uday Jain and third petitioner Mr. Mallik Jain have been proposed as accused in Spl.C.C.No.203/2016. Crl.P.8678/2016 is filed seeking to set aside the impugned order passed by the Trial Court in Spl.C.C.No.203/2016 dated 19.11.2016 allowing the petition filed by PW1/Chandappa Gowda and seeking to quash all further proceedings in Spl.C.C.No.203/2016 as against the said petitioners.

6. But however, the application under Section 319 Cr.P.C. has been filed by him after Chandappa Gowda was examined as PW1 in the aforesaid case wherein the Investigating Agency has laid the chargesheet against the accused namely Santhosh Rao, S/o. Sudhakar Rao for offences under Section 376 and Section 302 IPC.

7. An application under Section 173(8) of the Cr.P.C. was filed by Chandappa Gowda/PW1 in Spl.C.C.No.203/2016 seeking for further investigation in the matter and submitting the chargesheet afresh. The Trial Court by its order dated 07.2.2017 directed the CBI to take the matter on priority basis and conduct further investigation by considering the observations made in the order and to submit the report by 24.04.2017. The same is borne out from the ordersheet maintained by the Trial Court in Spl.C.C.No.203/2016.

8. Crl.P.No.1928/2017 is relating to an order passed by the Trial Court in Spl.Case No.203/2016 in respect of the said application filed under Section 173(8) of the Cr.P.C. Similarly, Crl.P.No.8678/2016 is relating to an order passed by the Trial Court in Spl.Case No.203/2016 in respect of an application filed under Sect