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2020 Supreme(Ker) 747

P.SOMARAJAN
Khaleel S/o Kunhikoya Thangal – Appellant
Versus
State of Kerala Rep. by Public Prosecutor, High Court of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sri. P. Prijith, Sri. Thomas P. Kuruvilla.
For the Respondents: Sri. Tom Jose Padinjarekkara, Sri. Arjun Sreedhar, Sri. Arun Krishna Dhan, Sri. K. Bhaskaran Nair, Sri. P.S. Sreedharan Pillai, Sri. T.K. Sandeep.

ORDER :

1. The order dated 6.2.2014 in Crl. M.P. No. 189/2014 in S.C. No. 1396/2008 of Addl. Sessions Court, Thrissur directing further investigation under Section 173(8) Cr.P.C. is under challenge on the ground that it is at the instance of defacto complainant further investigation was ordered and that the order issued at the instance of the victim, the defacto complainant would be a gross violation of the mandate under Section 173(8) Cr.P.C.

2. In pursuance of the order, further investigation was conducted and a supplementary report was submitted under Section 173(8) Cr.P.C. The question whether it was initiated at the instance of defacto complainant or based on the order of Sessions Judge would pale into insignificance once the report was submitted in compliance of requirement under Section 173(8) Cr.P.C. and it would form part of the earlier report submitted under Section 173(2) Cr.P.C. A further investigation under Section 173(8)Cr.P.C. is really the domain of the investigating officer, but that does not mean that the court or the party concerned should remain silent spectators ignoring detection of a new fact or omission to trace out a material fact in existence, subsequent to

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