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1996 Supreme(MP) 902

TEJ SHANKAR
Dilip Singh – Appellant
Versus
State of M. P. – Respondent


Advocates:
V.K. Saxena for petitioner.

ORDER

1. This petition in revision has been preferred against the order dated 3 1.8.1995. passed by Shri P.Y. Namjoshi, Sessions Judge, Guna, whereby he allowed the application purporting to be under section 173 (8) of the Code of Criminal Procedure, and directed the C.B.I. to make further investigation. It raises a short but interesting question of law.

2. The point involved is as to whether further investigation could be ordered by the learned Sessions Judge after framing of charge.

3. Briefly narrated the facts are that the accused-petitioner and respondents No.2 to 6 were involved in a case under section 302, 302/34 and 201 IPC and under section 27/25-A of Arms Act. After usual investigation, a charge-sheet was submitted and the learned Magistrate committed the case to the Court of Sessions. The learned Sessions Judge framed charges on 7.7.1995, after hearing the parties and perusing the material on record and the case was directed to be fixed for admission or denial of the documents under section 294 CrPC and for trial programme. On the next date, the Presiding Officer was on leave and the case was listed on 21.7.1995. On that day, instead of submitting a trial programme, a petit









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