TMI Blog2008 (1) TMI 798X X X X Extracts X X X X X X X X Extracts X X X X ..... e present petition is not only without any merits but also amounts to an abuse of the process of the Court and is accordingly dismissed with costs quantified at ₹ 10,000/- to be deposited with Delhi High Court Legal Services Committee. - CRL. REV. P. No. 680 of 2007 - - - Dated:- 15-1-2008 - Sanjay Kishan Kaul, J. REPRESENTED BY : S/Shri S.C. Sagar and Pradeep Sherawat, Advocates, for the Petitioner. Shri Pawan Sharma, APP, for the Respondent. [Order (Oral)]. The petitioners are aggrieved by the impugned order dated 1-9-2007 in terms whereof the learned Metropolitan Magistrate has directed further investigation into the matter and filing of a supplementary charge-sheet on account of the fact that the trial court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vidence, oral or documentary, he shall forward to the Magistrate a further report or reports regarding such evidence in the form prescribed; and the provisions of sub-sections (2) to (6) shall, as far as may be, apply in relation to such report or reports as they apply in relation to a report forwarded under sub-section (2). 4. Learned APP, however, submits that the issue sought to be raised by the petitioners is covered by a Full Bench judgment of this Court in Rajneesh Kumar Singhal v. State (National Capital Territory of Delhi), 2001 (2) Crimes 346 (FB) where it has been held that the Magistrate is empowered to direct further investigation under Section 173(8) of the Cr.P.C. even in a case where police after investigation filed the ch ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on in law if there is necessity for further investigation the same can certainly be done as prescribed by law. The mere fact that there may be further delay in concluding the trial should not stand on the way of further investigation if that would help the Court in arriving at the truth and do real and substantial as well as effective justice. We make it clear that we have not expressed any final opinion on the merits of the case. 7. On appreciation of the submissions mae by learned counsel for the parties, it is obvious that the judgment of R.S. Sodhi, J. in Kulbhushan Sharma s case (supra) has been pronounced without considering the Full Bench judgment of this Court in Rajneesh Kumar Singhal s case (supra). The judgment appears to have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... come to light. The present case is not of that category at all and is one where the Court is of the opinion that the police has failed to carry out the task assigned to it in terms of the proper investigation. The impugned order records the reason for the Court to form such an opinion and the IO took time to carry out the further investigation and filed the supplementary charge-sheet. 10. I am of the considered view that the present petition is not only without any merits but also amounts to an abuse of the process of the Court and is accordingly dismissed with costs quantified at Rs. 10,000/- to be deposited with Delhi High Court Legal Services Committee. CRL. M.A. 12869/2007 The application does not survive for consideration and is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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