The magistrate must record reasons for ordering further investigation and ensure justice to both the victim and the accused.

1. This criminal petition is directed against the judgment dated 26.03.2015 passed by the Additional Sessions Judge, Court No. 2, West Tripura, Agartala whereby he allowed the revision petition filed by the respondents herein who are the accused before the trial Court and set aside the order of the Judicial Magistrate, First Class, Agartala dated 30.05.2014 whereby he had permitted the police to further investigate the matter.

2. Briefly stated the facts are that a complaint was made by the petitioner-wife that she had been treated with cruelty by her husband and his family members and therefore, an offence under Section 498A had been committed by all of them. On the basis of the complaint charge sheet under Section 498A read with Section 34 IPC was filed against the accused. The trial started and four witnesses were examined. Thereafter it appears that some efforts were made to get the matter mutually settled between the parties. After the settlement failed, the Officer-in-charge of the West Agartala Women Police Station filed an application which reads as follows:

“In the Court of

Ld. Chief Judicial Magistrate,

West Tripura, Agartala.

Reference : West Agartala P.S Case No. 151/12 dated 21-06-12 u/s. 498(A)/34 I.P.C.

Subject : Prayer for pass necessary order for re-investigation of the case.

Sir,

In reference to the above I beg to inform your honour that after completion of investigation West Agartala P.S Case No. 151/12 u/s. 498(A)/34 IPC ended in charge sheet vide West Agartala P.S. C/S No. 158/12 dated 30-07-12 u/s. 498(A)/109/506/34 IPC against all the FIR named A/Ps.

It is pertinent to be mentioned here that after submission of charge sheet more evidences come up in c/w the case. As such, necessary order may kindly be passed for re-investigation of the above noted case for the interest of the case.

This is for favour of your kind information and necessary action please.

Yours faithfully

Sd/-

(Officer-in-charge)

West Agartala Women P.S

Dated 25-09-2013”

Thereafter she filed another application on the next date in which it was mentioned that the word reinvestigation be read as further investigation.

3. This Court is treating this to be an application for further investigation. The learned trial Court allowed this application by a long judgment but without discussing what was the nature of the further investigation to be carried out and what was the fault in the previous investigation. The accused persons filed a revision petition being Criminal Revision Petition No. 38 of 2014 before the Sessions Judge and the learned Additional Sessions Judge held that further investigation cannot be ordered and basically his judgment is to the fact that in almost no cases can further investigation being ordered.

4. I am not in agreement with the judgment of either of the two Courts below. As far as the Sessions Judge is concerned, his observation to the effect that in view of the judgment in Vinay Tyagi vs. Irshad Ali, 2013 AIR SCW 220, no further investigation can be carried out is wholly incorrect. The observations which he has referred to relate to an order of fresh investigation. These observations are not in relation to further investigation. Para-23 of the said judgment reads as follows:

“23. This judgment, thus, clearly shows that the Court of Magistrate has a clear power to direct further investigation when a report is filed under Section 173(2) and may also exercise such powers with the aid of Section 156(3) of the Code. The lurking doubt, if any, that remained in giving wider interpretation to Section 173(8) was removed and controversy put to an end by the judgment of this Court in the case of Hemant Dhasmana vs. CBI, (2001) 7 SCC 536, where the Court held that although the said order does not, in specific terms, mention the power of the court to order further investigation, the power of the police to conduct further investigation envisaged therein can be triggered into motion at the instance of the court. When any such or