1. The Petitioner/Defacto complainant has filed the present Criminal revision case as against the Order dated 12/9/2013 in Cr.M.P.No. 4301 of 2013 passed by the Learned Judicial Magistrate, Alangudi.

2. The Learned Judicial Magistrate, Alangudi, while passing the impugned order in Cr.M.P.No. 4301 of 2013 (filed by the Revision Petitioner/Defacto complainant) on 12/9/2013, has among other things in paragraph 5 has observed that

“As per Section 173 (8) Cr.P.C., the investigation officer is having right to seek further investigation if he obtains further evidence, oral or documentary and he shall forward the further report or reports regarding such evidence in the form prescribed to the Judicial Magistrate. So, as per the Section, the defacto complainant has no right to seek further investigation in this case. Moreover, the Hon’ble Supreme Court of India held in a case Reeta Nag Vs. State of West Bengal and Others reported in 2009 (4) MLJ (Crl) page 1004 (Supreme Court) that

Investigating authorities did not apply for further investigation and it was upon the application filed by the defacto complainant under Section 173 (8) of Cr.P.C. Such course of action was beyond jurisdict