The petitioners are A2 and A3 in RC No.5(S) 2009/CBI/SCB/CHENNAI. The petitioners have come up under Section 482 Cr.P.C. by challenging order dated 12.09.2013 passed by the Chief Judicial Magistrate's Court, Ernakulam. 2. The crime has been registered for the offence under Section 304 B IPC read with Section 34 IPC alleging dowry death of Smt.Anitha, who was married to the 1st accused. While living at California in USA, the girl died on account of serious burn injuries allegedly under suspicious circumstances, occurred during the midnight on 16.08.2004. The law was set in motion by the defacto complainant, who is the father of the deceased, by filing a private complaint before the Judicial First Class Magistrate's Court-III, Palakkad which was forwarded to the Hemambika Nagar Police Station under Section 156 (3) Cr.P.C. Consequently, Crime No.91 of 2007 of the Hemambika Nagar Police Station was registered. Subsequently the investigation was handed over to the CBI. The CBI took over the investigation, conducted the investigation and could not complete it properly. CBI authorities were forced to file refer report as the details sought for were not made available from California. Subsequently, the defacto complainant filed CMP No.4942 of 2010 for further investigation by the CBI under Section 173(8) Cr.P.C. It seems that the CBI authorities has also proceeded under Section 173(8) Cr.P.C. as further details were made available in the meantime by the authorities from California. Now through the impugned order the court below has directed the CBI to conduct further investigation under Section 173(8) Cr.P.C.
3. Heard the learned counsel for the petitioners, The learned counsel for the defacto complainant and the learned Standing Counsel for the CBI.
4. The learned Standing Counsel for the CBI has made it clear that the CBI has been proceeding with further investigation under Section 173(8) Cr.P.C. as better details and documents were made available by the authorities from California and therefore, the CBI wants to conduct further investigation in the matter. Therefore, there cannot be a valid challenge on the impugned order passed by the court below at present. Let the matter be investigated by the CBI and let them file further Final Report in the matter under Section 173(8) Cr.P.C. When the CBI themselves have proceeded under Section 173(8) Cr.P.C., the matters are being investigated further, I do not think that the impugned order is liable to be interfered with. This Crl.M.C. is devoid of merits, and is only to be dismissed, and I do so.
In the result, this Crl.M.C is dismissed.
Sd/-
B.KEMAL PASHA, JUDGE DSV/26/11 // True Copy // P.A. To Judge