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2013 DIGILAW 1316 (RAJ)

Jayanti Lal v. State of Rajasthan

2013-07-19

SANDEEP MEHTA

body2013
JUDGMENT 1. - The instant misc. petition has been filed by the petitioner assailing the order dated 17.9.2011 passed by the learned Judicial Magistrate First Class, Sheoganj, District Sirohi, in relation to F.I.R. No. 145/2010 of the Police Station Sheoganj and the Final Report filed by the police in relation thereto and being aggrieved of the direction issued by the learned Magistrate to the police for re-investigation. 2. Learned counsel for the petitioner relying upon the decision of the Hon'ble Apex Court in the case of Kishan Lal v. Dharmendra Bafha & Anr., reported in (2009) 7 SCC 685 , submits that direction to re-investigate the matter is not permissible because there is no such provision in the Cr.P.C. whereby the Court can direct the police to re-investigate the matter. He, therefore, prays that the miscellaneous petition be accepted and the direction given to the police by the trial Court's impugned order for re investigating the F.I.R. be quashed. 3. Learned Public Prosecutor and the learned counsel appearing for the complainant respondent No. 2 vehemently opposed the submissions advanced by the learned counsel for the petitioner. 4. Learned Public Prosecutor has submitted the factual report of the Investigating Officer as per which, prior to the stay order passed by this Court, the further investigation was already carried out by the police and the accused was found responsible for having committed the offences. 5. Having considered the arguments advanced at the bar and after considering the order impugned and in view of the judgment of the Hon'ble Apex Court in the case of Kishan Lal v. Dharmendra Bafna (supra), this Court is of the opinion that there is no provision in the Cr.P.C. whereby, the Court can direct the police to re-investigate the matter.'At best if the investigation already carried out is considered to be insufficient, then a direction to further investigate the matter can be issued. 6. In view of the aforesaid discussion, the miscellaneous petition succeeds and is hereby allowed. The order dated 17.9.2011 passed by the learned Judicial Magistrate First Class, Sheoganj, District Sirohi is hereby quashed/ modified and now the order impugned shall be considered to be simply a direction to the police to further investigate the matter in accordance with law, if the I.O. so requires. The Investigating Agency shall file the result of the investigation with utmost expediency. The Investigating Agency shall file the result of the investigation with utmost expediency. The ad interim order dated 12.9.2012 passed by this Court is hereby vacated. Copy' of the order be sent to the I.O. forthwith.Petition allowed. *******