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2013 Supreme(Mad) 3717

S.VIMALA
N. Jagannathan – Appellant
Versus
State rep. by the Inspector of Police – Respondent


Advocates Appeared:
For the Petitioners:R. Muniapparaj, Advocate.
For the Respondents:R1, C. Iyyapparaj, Govt. Advocate, R2 & R3, Ramesh Kannan, Advocate.

Judgment :

1. "On the death of the complainant, whether the proceedings / the prosecution initiated by him, automatically abates or the proceedings can be allowed to be continued by the representative of the complainant, provided he is found to be a fit person ?

-is the issue raised in the revision petition.

A. Under what circumstances, the Investigating Agency is competent to order / conduct fresh / de novo/ re-investigation, in respect of a case, where already a final report is filed in terms of Section 173 (2) Cr.P.C. ? ;

B. Whether it is imperative for the official ordering re-investigation to give a specific finding with regard to the fate of investigation already conducted and also about the final report so filed before the Court of Magistrate?

C. Whether further investigation can be ordered a) in the absence of any new facts coming to the notice; or b) when investigation has to be carried out from a different angle, keeping in view of further materials coming to the notice; or c)when certain aspect of the matter having been omitted to be considered ?

- are the three issues canvassed in Criminal Original Petition.

2. By the impugned order dated 16.02.2013 (i.e., nearly after
































































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