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2014 (7) TMI 1360 - HC - Indian LawsCognizance of the offences - can be termed as final order or not - permissibility of conducting further investigation as provided under Section 173(8) Cr.P.C. - HELD THAT:- A case which came up before the Orissa High Court, which is almost similar to the case on hand, was the one in KAMAL LOCHAN SEN VERSUS STATE OF ORISSA [1982 (10) TMI 221 - ORISSA HIGH COURT]. In the said case, though the report purportedly filed under Section 173(2) Cr.P.C. did not state that it was a preliminary report and investigation had not been completed, from the contents of the report the Court held that the same was not a report contemplated under Section 173(2) Cr.P.C. as the statement contained in the charge sheet itself indicated that the investigation had not been completed. An attempt has been made on behalf of the contesting respondents to contend that the order taking cognizance of offences based on the incomplete report could be in the nature of interlocutory order against which a revision may not be maintainable and that hence the petitioners should be non-suited for the relief sought for in the revision and they should be relegated to challenge the order under Section 482 Cr.P.C. by filing a separate petition. This Court is not in a position to accept the above said contention raised on behalf of the contesting respondents. Section 482 Cr.P.C. does not restrict the inherent powers of the Court to pass any order in order to render complete justice - As such the impugned order cannot be termed a purely interlocutory order and as rightly contended by the learned senior counsel for the petitioners, it can be construed to be an intermediary order against which the revisional powers of the High Court can be invoked. Even otherwise, the restriction placed on the invocation of the inherent powers is the self-imposed restriction of the Court and in appropriate cases, even though the same will fall under the mischief of Sub-section 2 of Section 397 Cr.P.C., for avoiding miscarriage of justice, the Court can invoke its inherent jurisdiction and grant the necessary relief. The revision petition shall stand allowed.
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