Case Note & Summary
The petitioner, Rima Singh @ Rima Shahi, was the complainant in Crime No. 326 of 2000 pending before the learned J.M.F.C., Vashi at Belapur, New Mumbai. She alleged that she had purchased a plot from vendors by paying consideration, but her then husband manipulated with the vendor and got the conveyance of the property in his name by forging documents and manipulation, thereby cheating her. She filed a complaint, and after investigation, a charge-sheet was filed. Subsequently, she filed an application under Section 173(8) of the Code of Criminal Procedure, 1973 (CrPC) seeking further investigation, which was rejected by the Magistrate. Aggrieved, she filed the present writ petition. The High Court, after hearing the parties, held that the complainant has a right to seek further investigation under Section 173(8) CrPC and that the Magistrate's rejection was not justified. The court allowed the petition and directed the Magistrate to consider the application for further investigation afresh in accordance with law.
Headnote
A) Criminal Procedure - Further Investigation - Section 173(8) CrPC - Right of Complainant - The complainant in a criminal case has the right to seek further investigation under Section 173(8) of the Code of Criminal Procedure, 1973. The Magistrate's rejection of such a request is revisable. The High Court can direct further investigation if the interests of justice so require. (Paras 1-3)
Issue of Consideration
Whether the complainant has a right to seek further investigation under Section 173(8) of the Code of Criminal Procedure, 1973, and whether the Magistrate's rejection of such request is subject to challenge.
Final Decision
The petition is allowed. The order of the Magistrate rejecting the application for further investigation is set aside. The Magistrate is directed to consider the application for further investigation afresh in accordance with law.
Law Points
- Right of complainant to seek further investigation under Section 173(8) CrPC
- Rejection of further investigation by Magistrate is revisable
- Power of High Court to direct further investigation
