(J. Chelameswar and Sanjay Kishan Kaul, JJ.)
Jagdish Patni _____________________________________ Petitioner;
v.
Nikita Prakash Patni and Others ________________ Respondent(s).
Petition(s) for Special Leave to Appeal (Crl.) No(s). 3806/2018, decided on May 7, 2018
(IA No. 63177/2018-Exemption From Filing O.T.)
The Order of the court was delivered by
Order
1. The High Court dismissed1 the case of the petitioner by the impugned order relying on a judgment of this Court reported in Reeta Nag v. State of W.B.2 wherein it was held that the criminal Court is not competent to direct further investigation at the instance of de-facto complainant. 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 abovementioned amendment, the scheme of Section 173 Cr PC, in our view, requires a further examination. We, therefore, deem it appropriate that this matter be heard by a larger Bench.
2. Place the paper before Hon’ble the Chief Justice of India for appropriate further orders.
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1 Jagdish Patni v. Nikita Prakash Patni, Criminal Application No. 773 of 2017, order dated 8-1-2018 (Bom)
2 (2009) 9 SCC 129 : (2009) 3 SCC (Cri) 1051
