SHAJI RAGHAVAN PILLAT Vs. STATE OF KERALA
HIGH COURT OF KERALA
SHAJI RAGHAVAN PILLAI
STATE OF KERALA
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KOSHY, J. -
(1.) Whether ar Magistrate is competent to order further investigation after taking cognizance of the offence on the basis of police report filed under Section 173(2) of the Code of Criminal Procedure (hereinafter referred to as (Cr.P.C.) and after appearance of the accused in pursuance of the summons issued? That is the only question to be decided in this criminal revision petition.
(2.) A learned single Judge of this Court (Mr. T.M. Hassan Filial, J.) decided the above question in the negative in-Natarajan v. Sasidharan (2002) 1 Ker LT 499 : (2002 Cri LJ 1672). Reliance was placedjay the learned Judge on the judgment of the Apex Court in Randhir Singh Rana v. State Delhi Administration), AIR 1997 SC 639 (1997 Cri LJ 779). When this revision petition came up for hearing before the same Judge, a subsequent decision pronounceii by another learned single (Mr. G. Sasidharan, J.) in Joisy v. Sub-Inspector of Police, (2002) 3 Ker LT 172 was cited. In the above judgment relying the decision of the Apex Court in Sri Bhagwan Samardha Sreepada Vallabha Venkata Viswhwandadha Maharaj v. State of Andhra Pradesh, AIR 1999 SC 2332 : (1999 Cri LJ 3661), the learned single Judge answered the question in the affirmative. No-: ticing the contrary view expressed inia sub.-; sequent decision and doubting the correctness of the judgment, this revision petition was referred to the Division Bench. .
(3.) Before answering the questions, we may look into the facts of this case as legal questions arising In a case can be answered only on the background of the facts in each case.;
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