IMPORTANT POINT
Though the investigating agency concerned has been invested with the power to undertake further investigation desirably after informing the court thereof, before which it had submitted its report and obtaining its approval, no such power is available therefor to the learned Magistrate after cognizance has been taken on the basis of the earlier report.

ORDER

U. Durga Prasad Rao, J.—The important and interesting point involved in this Criminal Petition is:—

“Whether after taking cognizance of a case and accused made their appearance, a Court can direct further investigation by Investigating Officer (IO) at the request of the accused?”

2. The factual matrix of the case briefly is thus:—

(a) In Crime No.31 of 2015 of Pedavadugur PS of Anantapur District, the facts are that the deceased contested and elected as President of Primary Agricultural Cooperative Society (PACS), Kristipadu village in February, 2013 which became an eye-sore for accused, who belonged to rival political party and they were waiting for an opportunity to get rid. On 30.03.2015, the deceased requested LW7Chief Executive Officer, PACS, Kristipadu to hold General Body Meeting on 31.03.2015 and to inform the same to the Directors of the society and accordingly LW7 informed the same to all concerned. Then it is alleged, A1 and others hatched a plan to eliminate the deceased and in furtherance of their common intention, all the accused conspired together and came to the PACS office on vehicles by getting sticks in the vehicles. On 31.03.2015 at about 10:00 AM, the deceased along with LWs.5, 9 to 12 reached the PACS office, Kristipadu for attending the General Body Meeting. At about 10.30 AM, A2 and A4 went to the meeting place and informed the deceased that one of the Directors by name Gopal Reddy of Kodaraguttapalli Village died and asked the deceased to enter the said information in the Minutes book and send proposals for which the deceased replied that it was not under his purview. On that, wordy altercation took place between deceased and accused and in that melee the deceased pushed A2 towards wall and he sustained injury. Then A1, A3, A5 to A16 picked up the sticks from the Bolero vehicle and went upon the deceased. A1, A2, A4 attacked the deceased with sticks. A3, A7, A10 and A12 also attacked the deceased and beat him indiscriminately causing severe injuries. When LWs.9 to 12 questioned, A9 to A16 attacked them and caused injuries. The deceased sustained grievous injuries to his head and other parts of the body and died on the spot. On the report given by wife of the deceased, the police registered a case in Cr.No.31 of 2015 for the offences under Sections 147, 148, 324, 307, 302 r/w 34 IPC and after investigation filed charge sheet. The learned Additional Judicial Magistrate of First Class, Gooty has taken cognizance of the charge sheet and registered as PRC No.18 of 2015 and committed the case to Sessions Court, Anantapur. The case was registered as S.C.No.421 of 2016 and made over to the VI Additional Sessions Judge, Gooty, Anantapur District.

(b) The petitioners/accused filed Crl. M.P. No.113 of 2017 under Section 173(8) Cr.P.C before the Trial Court seeking a direction for further investigation of the case on the ground that LWs.5 to 12 stated in their 161 Cr.P.C. statements that four Directors of Kristipadu PACS were also present and witnessed the incident but those four Directors were not examined and their statements were not recorded by the IO. Their evidence is important and material to unravel the truth relating to the incident. The petitioners sent petitions and representations to all higher authorities including the Honourable the Chief Minister seeking further investigation. Further, the petitioners filed W.P.No.42807 of 2016 wherein the High Court in its order dated 19.01.2017, has given liberty to the petitioner/A4 to move the concerned Court for appropriate directions. The accused thus prayed for further investigation. Learned Additional Public Prosecutor filed counter and opposed the petition contending that further investigation can be ordered only on the request of investigating agency on finding additional material but not on the request of either the complainant or the accused. The Trial Court agreeing with the Addl.P.P, dismissed the petition.

Hence, the Criminal Petition at the ins