Defacto complainants may submit new information for further investigation, which investigating officers are obliged to review.

O R D E R

This Crl.M.C. is filed with following prayers :

(i) Call for the records leading to Annexure-A4 order dated 19/10/2022 in CMP No. 1647/2022 in CC No. 2453/2016, Judicial First Class Magistrate Court-I, Changanacherry and quash the same and allow Annexure-A3 petition; and (ii) issue such other order or direction as this Honourable Court deems fit and proper in the circumstances of the case.”

[SIC]

2. Annexure-A4 is an order passed by the Judicial First Class Magistrate Court-I, Changanacherry in an application filed by the petitioner who is the defacto complainant in CC 2453/2016 for further investigation. The trial court dismissed that application mainly for the reason that in Vinubai Haribai Malavya & Ors v. State of Gujarat [AIR 2019 SC 5233], the court below has no jurisdiction to consider that application after framing charge. Hence, this Crl.M.C. is filed.

3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

4. After hearing both sides, I am of the considered opinion that there is nothing wrong in defacto complainant submitting the additional information if any to the investigating officer and if the investigating officer is convinced, the investigating officer can approach the court below with appropriate application in accordance with law. Therefore, the petitioner can be allowed to submit an application narrating the additional materials for ordering further investigation and if such application is received, there can be a direction to the investigating officer to consider the same, in accordance with law and intimate the result to the petitioner.

Therefore, this Crl.M.C. is disposed of with the following directions :

1) The petitioner is free to submit the petition narrating the additional materials for ordering further investigation within three weeks from the date of receipt of a certified copy of this order,.

2) Once such an application is received, the investigating officer will consider the same and take appropriate decision in accordance with law and intimate the same to the petitioner within one month from the date of receipt of the petition.

3) All the contentions raised by the petitioner in this case are left open.

4) The trial in CC No. 2453/2016 shall be kept in abeyance till the final decision is taken by the investigating officer as directed above.

SD/-

P.V.KUNHIKRISHNAN JUDGE SKS APPENDIX OF CRL.MC 5249/2023 PETITIONER ANNEXURES Annexure A1 TRUE PHOTOCOPY OF THE FIRST INFORMATION REPORT DATED 5/9/2016 IN CRIME NO.1684/2016, THRIKODITHANAM POLICE STATION Annexure A2 TRUE PHOTOCOPY OF THE FINAL REPORT DATED

19/10/2016 IN CRIME NO.1684/2016 OF THRIKODITHANAM POLICE STATION Annexure A3 TRUE PHOTOCOPY OF THE PETITION DATED

2/2/2022 CMP NO.1647/2022 IN CC NO.

2453/2016, JUDICIAL FIRST CLASS MAGISTRATE COURT-I, CHANGANACHERRY Annexure A4 CERTIFIED COPY OF THE ORDER DATED

19/10/2022 IN CMP NO.1647/2022 IN CC NO.

2453/2016, JUDICIAL FIRST CLASS MAGISTRATE COURT-I, CHANGANACHERRY