JUDGMENT

Hansaria, J. - Special leave granted.

A complaint was field in the court of munsif and Judicial Magistrate, First Class, Bilara against the respondents under various sections of the penal code. The gravamen of the allegation was that the respondents had, in pursuance of a conspiracy, transferred some land on the strength of a special power of attorney bearing forged signature. The Magistrate, after perusal of the complaint, directed an investigation to be made as contemplated by section 156(3) to the Code of Criminal, Procedure, 1973 (the Code). A case was registered thereafter by police and a final report was submitted on 18.7.1981 stating that complaint was false. The report came to be accepted by the Magistrate on 23.9.1981. It, however, so happened that the Superintendent of Police had independently order further investigation on 24.9.1981 and a challan came to be filed by police against the respondents, inter alia, under sections 420 and 467 IPC. The Magistrate took cognizance on 25.6.1984. A challenge was made to this act of the Magistrate before Sessions Judge, Jodhpur, who dismissed the revision. On further approach to the High Court, the revision was allowed order