Law and judge-made law (case-law) must undergo change in tune with the change in Society. Otherwise, it will be a dull subject, the Court said.
While setting aside an order of Sessions Judge who had refused to order further investigation upon application by de facto complainant, the Madras High Court observed that Judges and Lawyers should update themselves with the latest trend of law.
The De facto complainant had lodged a Girl-missing complaint and the Police had submitted final report. The complainant then filed an application before the Sessions Court seeking a direction to conduct fresh investigation, under Section 173(8) CrPC. Relying on the decision of the Hon’ble Supreme Court in
Reeta Nag Vs. State of West Bengal and Others (AIR 2010 SC (Cri) 401), the Sessions Judge held that under Section 173(8) CrPC., the de facto complainant cannot ask for fresh investigation and dismissed the petition.
The Justice Dr. P. Devadass observed: “ In this view of the matter, the view taken by the Hon’ble Supreme Case in Reeta Nag’s case, that the Police alone can do further investigation has been deviated subsequently by the Hon’ble Supreme Court in Vinay Tyagi Vs. Irshad Ali and also in Chandra Babu Vs. State [2015 Cr.LJ 4538]. Now, it is well settled that not only at the instance of the Police, even at the instance of the de facto complainant, further investigation under Section 173(8) Cr.P.C. can be undertaken by the Police to find out the truth of the matter. But, Subordinate Court is not competent to direct fresh, new, de novo investigation, which is entirely different from further investigation.”
The court observed: “Thus, it seems that the learned Additional Sessions Judge, Fast Track Mahila Court, Thoothukudi, has not been informed of the latest trend of law on this aspect. Judges and Lawyers should update themselves with the latest trend of law. Law is a living organism. It grows every day. It must be ‘dynamic’ and also ‘pragmatic. And should not be ‘static’. Law and judge-made law (case-law) must undergo change in tune with the change in Society. Otherwise, it will be a dull subject. Thus, March of Law is bound to be.”
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Keywords: Law, Madras High Court, fresh investigation, re-investigation, re-investigation, CrPC, CrPC173, fake cases