ORDER : Heard Mr. A. Choudhury, learned counsel for the petitioner. Also heard Mr. Bidyut Sarma, learned Addl. P.P. for the State. 2. By filing this criminal petition under Section 482 Cr.P.C., the petitioner, namely, Pankaj Das has prayed for quashing of (i) the order dated 03.06.2022, passed by the learned Sub-Divisional Judicial Magistrate (S) No. 2, Kamrup (M), Guwahati in Jalukbari P.S. Case No. 92/2015, as well as (ii) the entire proceedings of the aforesaid Jalukbari P.S. Case No. 92/2015 under sections 120B/302 IPC. 3. The learned counsel for the petitioner has meticulously referred to the materials available on record and has submitted that the post mortem report and FSL report of the deceased did not disclose offence of murder, but it was a case of natural death of the alleged victim. Accordingly, it has been submitted that a case of normal death is sought to be converted to a case of murder. Therefore, the learned counsel for the petitioner has justified the prayers made in this petition. 4. The learned Addl. P.P. has made his submissions to oppose the prayer made in this criminal petition. 5. On a perusal of the materials available on record, it is seen that in connection with Jalukbari P.S. Case No. 92/2015, Final Report No. 163 was submitted on 21.05.2016, exonerating the petitioner of committing the alleged offence on the ground that the victim had died a natural death. However, from the order-sheet of Jalukbari P.S. Case No. 92/2015 it appears that the case was put up before the learned Court only on 15.03.2019. Thereafter, notice was issued to the informant and on receipt of Court notice, the informant, who is the sister of the deceased had submitted her written objection vide petition no. 357 dated 26.04.2021 against acceptance of final report. Upon hearing all sides, the learned S.D.J.M.(S) No.2, Guwahati, had accepted objection by order dated 03.06.2022. The said order reads as follows:- “03.06.22 Informant Sumona Dasgupta is present and she has already filed a petition bearing No. 357 praying for not accepting the final report submitted by the police and investigate the matter properly and filed chargesheet against the same. Today, the case is fixed for hearing on petition No. 357. Heard Ld. Addl. PP and Ld. Counsel for the petitioner. Today, the case is fixed for hearing on petition No. 357. Heard Ld. Addl. PP and Ld. Counsel for the petitioner. I have perused the F.R. and upon perusal, of the F.R. the statement of the informant is yet to be recorded. Hence, I am of considered opinion that there is scope for further investigation. The I.0. is directed to further investigate the matter and file final report in F.F. Hence, F.R. is not accepted. Inform all concerned accordingly.” 6. Therefore, from the above quoted order dated 03.06.2022, it is apparently clear that while submitting the Final Report, the I.O. had not recorded the statement of the first informant. In the Final Report, it is not mentioned why the I.O. had decided not to examine the informant, who had initiated the investigation and to record his statement. Thus, the Court prima facie does not find any error apparent on the face of record in the order dated 03.02.2022, passed by the learned Sub-Divisional Judicial Magistrate (S) No.2, Kamrup (M), Guwahati, thereby forming an opinion that there is scope for further investigation and thus, directing the I.O. to further investigate the matter. 7. In the opinion of the Court, it would be a travesty of justice, if the investigations are allowed to be closed without examining the informant, in the absence of the victim, who is dead. 8. There is no dispute that the sister of the informant had died on 17.01.2015 and it is not disputed that the informant is the sister of the deceased. From the FIR dated 03.02.2015, it is projected that the victim was in service, she had LIC policies in her name and she had about 17 katha land in her name in Bolpur. 9. Therefore, as the Court does not any apparent infirmity in the impugned order dated 03.06.2022, in the considered opinion of the Court, no case has been made out for quashing of the said order dated 03.06.2022. 10. Resultantly, at this stage, as the further investigation of the case is pending pursuant to the order dated 03.06.2022, no case has been made out at this stage for quashing of the proceedings of Jalukbari P.S. Case No. 92/2015. 11. 10. Resultantly, at this stage, as the further investigation of the case is pending pursuant to the order dated 03.06.2022, no case has been made out at this stage for quashing of the proceedings of Jalukbari P.S. Case No. 92/2015. 11. Therefore, for the present, the prayer for quashing of (i) the order dated 03.06.2022, passed by the learned Sub- Divisional Judicial Magistrate (S) No. 2, Kamrup (M), Guwahati in Jalukbari P.S. Case No. 92/2015, as well as (ii) the entire proceedings of the aforesaid Jalukbari P.S. Case No. 92/2015 under sections 120B/302 IPC stands rejected at the “motion” stage without issuance of notice on the respondents.