SABINA,J. - (1.) Petitioner has filed this petition under section 482 Code of Criminal Procedure, 1973 challenging the order dated 27.5.2017, whereby application moved by the petitioner under Section 173(8) Cr.P.C., 1973 was dismissed.
(2.) Learned counsel for the petitioner has submitted that the trial court has erred in dismissing the application moved by the petitioner under Section 173(8) Cr.P.C., 1973 Petitioner had been discharged by the trial court with regard to the offence under Section 420, 467, 468, 471 IPC in a similar FIR as two FIRs were registered against the petitioner. The said order was upheld by this court in SB Criminal Miscellaneous Petition No. 754/03 (decided on 13.4.2015). The said order passed by the trial court in discharging the petitioner for offence under Section 420, 467, 468, 471 Cr.P.C., 1973 in similar FIR has not been taken into consideration by the investigating agency. Hence, it was very necessary in the interest of justice that the investigating agency be directed to further investigate the matter. Petitioner had sought production of some documents from the prosecution. Prosecution had placed on record some of the documents but the same had also not been duly investigated by the investigating agency.
(3.) Learned State Counsel, on the other hand, has opposed the petition.;