Research › Browse › Judgment

Supreme Court of India · body

2006 DIGILAW 309 (SC)

State of Karnataka v. T. B. Ramakrishna Reddy

2006-03-20

K.G.BALAKRISHNAN, P.P.NAOLEKAR

body2006
ORDER : K.G. Balakrishnan, J. Leave granted. Criminal Appeal No. 326 of 2006 [arising out of SLP (Crl.) No. 1213 of 2006] 2. Heard learned counsel for the parties. 3. The appellant herein was a person implicated in the case filed by Gownipalli Police Station in the Karnataka State. The said police registered a case under Sections 143, 147, 148, 120-B, 302 read with Section 149 Indian Penal Code and certain provisions of the SC/ST (Prevention of Atrocities) Act, 1989 regarding the death of one N.C. Shamashankar Reddy whose body was found on the public road. Initially the police charge-sheeted fifteen persons and thereafter a new investigating officer took charge of the investigation and he conducted further investigation and on the basis of some statements given by additional witnesses then came to light a conspiracy wherein the appellant herein was also involved. The police did not file the additional report before the court and the complainant moved a criminal petition under Section 482 Criminal Procedure Code praying that the case should proceed against the appellant herein on the basis of the additional report prepared by the subsequent investigating officer. The learned Single Judge directed the police officer to file the additional investigation report and made further observations that the police officer shall submit supplementary charge-sheet before the Magistrate and secure an order for committing the case and the investigating agency shall place the material before the Magistrate concerned and further directed that the investigation report be also submitted to the Additional Sessions Judge before whom the case is committed. 4. The counsel for the appellant submits that the direction was not required and even on the basis of the additional report filed by the police there is no material against the appellant and by the impugned order the appellant has been denied an opportunity to challenge before the Sessions Court that the Sessions Court shall not frame any charge against the parties. We make it clear that the appellant would be at liberty to raise any objection at the time of framing of charges by the Sessions Court and he would be at liberty to raise all his contentions before the Sessions Court. 5. The appeal is disposed of accordingly. Criminal Appeal No. 325 of 2006 [arising out of SLP (Crl.) No. 640 of 2005] 6. Leave granted. 7. 5. The appeal is disposed of accordingly. Criminal Appeal No. 325 of 2006 [arising out of SLP (Crl.) No. 640 of 2005] 6. Leave granted. 7. The State has come up in this appeal against certain observations made in the order of the High Court against the investigating agency. The appeal is disposed of leaving open the question of law raised herein.