ORDER :

In the petition on hand, an order passed by Judicial First Class Magistrate Court, Kunnamangalam on 12.12.2013 in C.M.P No.7170/2013 in C.C No.297/2012, copy of which is appended to the petition on hand as Annexure-G, is sought to be set aside. C.M.P No.7170/2013 is an application filed by the Sub Inspector of Medical College Police Station, Kozhikode through Assistant Public Prosecutor under Section 173(8) of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C’) seeking for an order to conduct further investigation in the case. The learned Magistrate has considered the application and dismissed the same for reasons which are incorporated in paragraph 8 of the order, extracted hereunder;

“8. Heard the counsel for the petitioner and the prosecution and perused the documents and the reason stated in petition to conduct further investigation. I am of opinion that the reason stated in the petition is not sufficient enough to order further investigation, since further evidence can be adduced by the petitioner during trial and also can proceed against any person not being the accused in the charge sheet, if it appears from the evidence that such person has committed any offence