Research › Search › Judgment

Rajasthan High Court · body

2011 DIGILAW 1895 (RAJ)

Mukunda Ram v. State of Rajasthan

2011-09-05

NISHA GUPTA

body2011
JUDGMENT 1. - Since, the aforesaid petitions are pending between the same parties, and involve same question of law, the same are being decided by a common order. 2. The facts of the case are that the petitioner moved applications before the learned trial Court to send the complaints under Section 156(3) Cr.P.C. for further Investigation by the police. The applications of the petitioner came to be dismissed by the learned trial Court vide impugned orders, hence the present misc. petitions. 3. The main contention of the petitioner is that when the complaint is filed before the learned Magistrate, the only course open for the Magistrate is to send the complaint under section 156(3) Cr.P.C. to police for Investigation. But in the instant case learned Magistrate has decided to enquire into the matter under sections 200 and 202 Cr.P.C. Therefore, the impugned orders are liable to be quashed. 4. Heard learned counsel for the parties, and perused the material available on record. 5. A bare perusal of the impugned orders, and the material available on record clearly shows that on the complaints filed by petitioner, instead of sending the same under Section 156(3) Cr.P.C. to concerned Police Station learned Magistrate deem it proper to enquire into the matter under sections 200 and 202 Cr.P.C. There is no illegality, infirmity or jurisdictional error in the impugned orders of the learned Magistrate. The instant petitions are totally baseless, and misconceived. It is not a fit case to interfere under extraordinary jurisdiction of this Court. 6. Consequently, the misc. petitions being devoid of merit, stand dismissed.Petition Dismissed. *******