WWW.LIVELAW.IN ITEM NO.39

COURT NO.2

SECTION II-A

S U P R E M E C O U R T O F RECORD OF PROCEEDINGS

I N D I A

Petition(s) for Special Leave to Appeal (Crl.)

No(s).

3806/2018

(Arising out of impugned final judgment and order dated 08-01-2018 in CRLA No. 773/2017 passed by the High Court Of Judicature at Bombay) JAGDISH PATNI

Petitioner(s) VERSUS

NIKITA PRAKASH PATNI & ORS.

Respondent(s)

(IA No.63177/2018-EXEMPTION FROM FILING O.T.) Date : 07-05-2018 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE J. CHELAMESWAR HON'BLE MR. JUSTICE SANJAY KISHAN KAUL For Petitioner(s)

Mr. Charanjeet Chanderpal, Adv. Ms. Divya Roy, AOR

For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The High Court dismissed the case of the petitioner by the impugned order relying on a judgment of this Court reported in Reeta Nag Vs. State of West Bengal and Others 2009(9) SCC 129 wherein it was held that the criminal Court is not competent to direct

further

complainant.

investigation

at

the

instance

of

de-facto

Further, that judgment is rendered on the basis of

the law as it existed prior to the judgment.

By an amendment Act V

of 2009 which came into force on 31st December, 2009, a right of appeal is created in favour of a victim against order of acquittal under the proviso of Section 372 CrPC.

In the light of the above-

Signature Not Verified

mentioned amendment, the scheme of Section 173 Cr PC, in our view,

Digitally signed by DEEPAK MANSUKHANI Date: 2018.05.07 16:18:43 IST Reason:

requires a further examination.

We, therefore, deem it appropriate

that this matter be heard by a larger Bench.

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Place the paper before Hon’ble the Chief Justice of India for appropriate further orders. (DEEPAK MANSUKHANI) AR CUM PS

(RAJINDER KAUR) COURT MASTER