Case Note & Summary
The petitioner, Sau. Mala W/o. Rahul Varma, filed a Criminal Writ Petition under Articles 226 and 227 of the Constitution of India before the Bombay High Court, Nagpur Bench, challenging the order dated 19/10/2024 passed by the Learned Judicial Magistrate First Class, (M.V.) Court, Nagpur, in R.C.C. No.2216/2022. The Magistrate had rejected the petitioner's application under Section 173(8) of the Code of Criminal Procedure, 1973 (CrPC) seeking further investigation. The petitioner is the legally wedded wife of Rahul Surajprasad Varma, and their marriage was solemnized in 2011. They have two children. A dispute arose between the husband and wife, leading to certain proceedings. It was alleged that on 11/04/2022 at about 06:00 p.m., the husband entered the petitioner's house by breaking the lock, cut the wires of the fridge and cooler, and scattered household articles. When the petitioner returned home at about 09:30 p.m., she found the damage. Based on these allegations, a written complaint was filed on 12/04/2022, and on 14/04/2022, FIR No.230/2022 was registered with Hudkeshwar Police Station. After investigation, a charge-sheet was filed on 19/05/2022, resulting in R.C.C. No.2216/2022. The petitioner filed an application under Section 173(8) CrPC for further investigation, which was rejected by the Magistrate. The High Court held that the Magistrate has the power to order further investigation even after charge-sheet is filed, if the interests of justice and fair trial so require. The court observed that the investigation appeared to be perfunctory and that the Magistrate's order was cryptic and did not consider the necessity for further investigation. The court set aside the impugned order and remitted the matter to the Magistrate for fresh consideration, directing the Magistrate to decide the application afresh within four weeks from the date of receipt of the order. The petition was allowed.
Headnote
A) Criminal Procedure Code - Further Investigation - Section 173(8) CrPC - Power of Magistrate - The Magistrate has the power to order further investigation even after charge-sheet is filed, if the interests of justice and fair trial so require. The rejection of such application without considering the necessity for further investigation to bring out the truth is erroneous. (Paras 2-6) B) Matrimonial Dispute - Domestic Violence - FIR - Investigation - In a case where the wife alleged that her husband broke into her house and damaged property, the investigation was conducted in a perfunctory manner. The Magistrate's rejection of the application for further investigation under Section 173(8) CrPC was set aside, and the matter was remitted for fresh consideration. (Paras 3-6)
Issue of Consideration
Whether the Magistrate was justified in rejecting the petitioner's application under Section 173(8) of the Code of Criminal Procedure, 1973, seeking further investigation in a case arising from a matrimonial dispute.
Final Decision
The High Court allowed the petition, set aside the impugned order dated 19/10/2024 passed by the Judicial Magistrate First Class, Nagpur, and remitted the matter to the Magistrate for fresh consideration of the application under Section 173(8) CrPC. The Magistrate was directed to decide the application afresh within four weeks from the date of receipt of the order.
Law Points
- Section 173(8) CrPC
- further investigation
- power of Magistrate
- fair trial
- domestic violence
- matrimonial dispute
