JUDGMENT 1. - This petition under Section 482 Cr.PC. has been filed by the complainant-petitioner with a prayer that since the police after investigation of FIR No. 74/2003 of Mahila Police Thane, Bikaner has dropped Sections for offences under Sections 304-B and 498-A I.P.C. and has filed charge-sheet against the accused respondents No. 2 to 4 for offence under Section 306 I.PC. and therefore, the respondent State be directed to re-investigate the case in FIR No. 74/2003 of the Mahila Police Station, Bikaner. 2. It arises in the following circumstances: (i) That on 29.11.2003 Mool Singh (complainant-petitioner) lodged a report at the Mahila Police Station, Bikaner that her daughter Samta alias Sampat Kanwar was married to respondent No. 2 Rajesh on 27.11.1997 and after the marriage, the respondents No. 2 to 4 used to torture the deceased for not bringing sufficient dowry and his daughter had been killed by the accused respondents by administering poison. (ii) On that report, the police chalked out regular FIR No. 74/2003 for offences under Sections 498-A and 304-B I.P.C. and after usual investigation, the police submitted challan against the accused respondents No. 2 to 4 for offence under Section 306 IPC in place of Sections 498-A and 304-B IPC in the court of Magistrate, from where the case was committed to the court of Sessions for trial which is pending. (iii) The arguments on charge have not been heard so far. (iv) The case of the complainant-petitioner is that since the police has not investigated the matter properly, therefore, directions should be issued to the State for reinvestigating the matter. 3. This misc. petition has been opposed by learned PP as well as learned counsel for the accused-respondents No. 2 to 4 and their case is that the police after investigating the matter properly has filed challan in the matter and no direction is needed for re-investigation in this case and hence s this misc. petition should be dismissed. 4. Investigation is the province of the police whereas enquiry and trial are within the powers of the Court. In a case instituted on a police report the Court gets jurisdiction to try the offender only when the final report is filed and cognizance taken. Till then it is the duty of the police to collect materials 10 by investigation and decide whether the materials are sufficient to charge-sheet the accused to stand trial. In a case instituted on a police report the Court gets jurisdiction to try the offender only when the final report is filed and cognizance taken. Till then it is the duty of the police to collect materials 10 by investigation and decide whether the materials are sufficient to charge-sheet the accused to stand trial. The Courts should not interfere in the statutory right of the police to investigate the matter and especially when the challan has been filed, this Court has no power to interfere with the investigation by the police. 5. The role of judiciary is not to interfere in the investigation unless there is miscarriage of justice. Since in the present case the challan has been filed and the case is pending at the stage of hearing the arguments on charge, therefore: if according to the learned counsel for the petitioner, the case for offence under Sections 304B and 498A I.P.C. is found established in this case, he should raise this submission before the concerned court and for that power under Section 482 Cr PC. should not be exercised. 6. Since in the present case, the challan has been filed and now the matter is ceased and pending with the Court and therefore, at this stage to ask the police to re-investigate the matter would amount to nothing but 26 abuse of process of Court and this Court would not exercise the inherent power under Section 482 Cr.P.C. and hence this misc. petition has no force and the same deserves to be dismissed.For the reasons mentioned above, the present misc. petition is dismissed.Petition Dismissed. *******