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2014 DIGILAW 427 (RAJ)

Bhagwati Prasad v. State of Rajasthan

2014-02-10

VIJAY BISHNOI

body2014
JUDGMENT 1. - This criminal misc. petition under section 482 Cr.P.C. has been filed by the petitioner against the order dated 12.07.2013 passed by the Additional Sessions Judge No.1, Jodhpur Metropolitan (for short 'the revisional court' hereinafter) in revision petition No.1/2013, whereby the revision petition filed by the petitioner against the order dated 28.02.2012 passed by Additional Chief Metropolitan Magistrate No.3, Jodhpur (for short 'the trial court' hereinafter) has been dismissed. The petitioner has also challenged the order dated 28.02.2012 passed by the trial court in C.R.No.367/2011 of Police Station Mahamandir, Jodhpur, whereby the Trial Court has directed the S.H.O., Police Station Mahamandir, Jodhpur to send the cheques for FSL and thereafter submit the result of the further investigation before it. 2. The learned counsel for the petitioner has argued that the trial court has no jurisdiction to direct the Investigating Officer to investigate the matter in a particular manner and such directions given by the trial court are without jurisdiction and, therefore, the same are liable to be quashed and set aside. The learned counsel for the petitioner has also argued that the revisional court has not taken into consideration this aspect of the matter and has illegally rejected the revision petition filed by the petitioner. 3. Per contra, learned Public Prosecutor has supported the impugned orders and argued that in the facts and circumstances of the case, the learned trial court as well as the revisional court have not committed any illegality in passing the impugned orders. 4. Heard learned counsel for the parties and perused the impugned orders. 5. The learned trial court as well as the revisional court have specifically observed that though the police, while submitting final report, has mentioned that in respect of the writing on the cheques in question, the truth can only be found from the FSL report but the cheques in question have not been sent for examination to the Forensic Science Laboratory. In such circumstances, the trial court has directed the Investigating Officer to send the cheques for examination to the FSL. 6. After going through the impugned orders, this Court does not find any illegality in the directions given by the learned trial court and therefore, it cannot be said that the trial court has exceeded its jurisdiction by giving such directions. 7. Hence, there is no force in this criminal misc. 6. After going through the impugned orders, this Court does not find any illegality in the directions given by the learned trial court and therefore, it cannot be said that the trial court has exceeded its jurisdiction by giving such directions. 7. Hence, there is no force in this criminal misc. petition and the same is hereby dismissed.Stay petition also stands dismissed.Petition dismissed. *******