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2007 Supreme(Ker) 521

J.B.KOSHY, K.HEMA
J. Prabhavathiamma – Appellant
Versus
The State of Kerala – Respondent


Judgment :-

Koshy, J.

Expressing doubts regarding the correctness of dicta laid down by the Division Bench in Antony Scaria v. State of Kerala (2001 (2) KLT 93) and by the single Bench in Vijayakumar v. Kamarudhin (1999 (1) KLT 184) that further investigation under section 173 (8) of the Code of Criminal Procedure can be conducted only by the very same agency which conducted the earlier investigation, a learned single Judge of this Court referred this matter for authoritative pronouncement by a Full Bench. According to the learned single Judge, the above view is opposed to the decision of the Apex Court and other Division Bench decisions. Another incidental question was whether further investigation can be ordered by the court after commencement of trial on the basis of charge sheet (final report) already accepted and charges framed by the court. Power of the court to refer the matter to C.B.I. under the Delhi Special Police Establishment Act, 1946 is also an incidental question to be answered in the reference. As held by this Court in Babu Premarajan V. Superintendent of Police (2000 (3) KLT 177 FB) and Peter v. Sara (2006 (4) KLT 219 FB) even though Chief Justice under section 6 o





























































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