Ker HC | Further investigation ordered as prior investigation not proper by IO

Kerala High Court: A Bench comprising of K. Abraham Mathew, J. allowed further investigation to the petitioner as the prior investigation was not sufficient.

The accused was charged for offences under Sections 406 and 420 IPC. It was stated that he was entrusted with the responsibility for the manufacture of ornaments for which gold was given to him which allegedly was misappropriated by him. The petitioner through his counsels N.M. Madhu, P.P. Harris and C.S. Rajani claimed that he was not satisfied with the investigation and wanted a further investigation into the matter. He has also brought to the Court’s notice that as per the statements of the witnesses on record, the accused sold them gold ornaments for which even attempts were not made by the investigating officer as to their recovery.

The Court agreed with the petitioner, allowed the writ petition and granted further investigation in the case. [Biju v. State of Kerala, 2018 SCC OnLine Ker 7430, decided on 05-07-2018]

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