The petitioner sought direction to reinvestigate a case under CPC Section 173(8). The High Court of Jharkhand held the application premature and misconceived as the final report under Section 173 Cr.P.C. had not yet been filed.
The application for direction to investigate/reinvestigate was dismissed as being premature.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (Cr.) No. 98 of 2019
Munendra Kumar ...…............ Petitioner
Versus
Coram: Hon’ble Mr. Justice Ananda Sen
…… For the Petitioner : Mr. Kalyan Banerjee, Advocate For the State : Mr. Krishna Shankar, SC (L&C)-II
8/05.12.2019 The prayer of the petitioner, in this writ application, is for a direction upon the respondents to further investigate/reinvestigate the allegation in accordance with Section 173 (8) of the Code of Criminal Procedure, in relation to Dhanbad P.S.Case No. 289 of 2018, registered under Sections 420, 466, 471, 120B/34 of the Indian Penal Code.
From the records and from the submission of the learned counsel for the respondents, it is clear that till date the case is still under investigation and final report in terms of Section 173 Cr.P.C. has not yet been filed before the Court below.
When the final report has not yet been submitted before the Court below, making prayer for further investigation or reinvestigation is absolutely misconceived. The question of reinvestigation and further investigation will come once the final report is submitted before the court below. Since, the final report has not yet been submitted, the prayer is misconceived. Accordingly, this application is dismissed as premature.
( Ananda Sen, J )
Mukund/-cp. 3
2 issues framed by the court
Whether a writ petition seeking direction for further investigation under Section 173(8) CPC can be entertained when the final report has not been filed.
Whether the prayer for further investigation is premises when the final report has not yet been submitted to the Court below.
1 provisions across 1 enactments
Munendra Kumar
State of Jharkhand
Senior Superintendent of Police, Dhanbad
Superintendent of Police, Dhanbad
Deputy Superintendent of Police, Dhanbad
Officer In Charge, Dhanbad Police Station, Dhanbad
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
