2015 Supreme(Del) 2712
IN THE HIGH COURT OF DELHI
SURESH KAIT, J.
Surender Kumar Sharma - Petitioner
Versus
State and Anr. - Respondents
CRL.M.C. No. 5033/2014
Decided On : 19-11-2015
Advocate Appeared:
For the Petitioners:Petitioner in person
For the Respondents: Mr. Ravi Nayak, Additional Public Prosecutor for State with SI Avdhesh Kumar, P.S. Farsh Bazar
Headnote:
Section 482 - Quashing of Order for Further Investigation - Cr.P.C. - IPC 380/457/448/506/120-B - CPC 20 Rule 18 - Summary of Acts and Sections: The court discussed the provisions of Section 156(3) of the Cr.P.C., Section 202 of the Cr.P.C., and Section 190 of the Cr.P.C. The court also referred to the relevant legal principles established in the cases of Gangesh Kumar Nayak Vs. State, Surrender Kumar Sharma Vs. The State, and Rakesh & Anr. Vs State of U.P. & Anr. The court emphasized the distinction between pre-cognizance and post-cognizance stages and the powers of the Magistrate to order further investigation.
Fact of the Case:
The petitioner filed a petition under Section 482 of the Cr.P.C. seeking to quash the order for further investigation of a case related to property disputes. The petitioner argued that the order for further investigation was against the provisions of law and in contempt of a previous court order.
Finding of the Court:
The court found that the Magistrate had the power to order further investigation even after accepting a closure report. The court emphasized the distinction between pre-cognizance and post-cognizance stages and the powers of the Magistrate to order further investigation.
Issues: The issues revolved around the legality of the order for further investigation and the Magistrate's powers to switch the case from post-cognizance stage to pre-cognizance stage.
Ratio Decidendi: The court's decision was based on the interpretation of the relevant provisions of the Cr.P.C. and the distinction between pre-cognizance and post-cognizance stages. The court also considered the legal principles established in previous cases.
Final Decision: The petition was dismissed by the court, emphasizing that the Magistrate had the power to order further investigation and that the present petition was without merit and amounted to an abuse of the process of the Court.
SURESH KAIT, J.
1. This petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter to be referred as ‘Cr.P.C.’) has been filed for quashing the order dated 07.08.2014 passed by the learned Metropolitan Magistrate, Karkardooma Court, Delhi, thereby the police was directed to make further investigation of the case. Further seeks directions thereby quashing the FIR No.55/2002 registered at Police Station Farsh Bazar, Delhi, for the offences punishable under Sections 380/457/448/506/120-B of the Indian Penal Code, 1860 (hereinafter to be referred as ‘IPC’) and emanating proceedings thereto.
2. Brief facts of the case are that on 22.10.1946, father of the petitioner Late Sh. Narender Nath Sharma had filed a suit for partition and separate possession in respect of the property bearing Municipal No.476-A, measuring 280 square yards, situated at Teliwara, Shahdara, Delhi, against late Sh. Jagdish Saran and Others, in the court of Senior Subordinate Judge, Tis Hazari, Delhi, which was registered as Suit No.76/596/1937 of 1946/1952. Accordingly, on 25.08.1952, the learned Sub-Judge, First Class, Delhi, decreed the suit of petitioner’s father titled as “Narender Nath & Anr. Vs. Jagdish Saran & Others” and passed the judgment and a preliminary decree for partition and possession in respect of the suit property entitling petitioners therein to 140 square yards out of 280 square yards suit land in favour of the then petitioners and against the then defendants.
3. On 28.03.1960, the Division Bench of the Punjab High Court, Circuit Bench, Delhi, also dismissed the appeal bearing RFA No.61-D/1952 filed by the aforesaid defendants. On 04.09.1967, the Full Bench of the Supreme Court also dismissed the appeal bearing Civil Appeal No.9/1965 with costs thereby confirming the judgment and preliminary decree dated 25.08.1952 passed by the learned Trial Court, Tis Hazari, Delhi. On 29.07.1985, the petitioner alongwith his brothers and sisters filed an application under Section 20 Rule 18 read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter to be referred as ‘CPC’) for making the final decree in the aforesaid suit and the same is pending disposal before the Court of the learned Senior Civil Judge, Karkardooma Courts, Delhi.
4. The petitioner, who is appearing in person, submitted that on 14.03.2002, the complainant/respondent No.2 filed a complaint under Section 200 Cr.P.C. and Section 156(3) Cr.P.C. in the court of learned ACMM, Karkardooma Courts, Delhi, against him and his family members.
5. After investigation, the police filed the closure report on 23.10.2002 on the ground that the case was found to be false and fabricated. The said report was not accepted by the learned Metropolitan Magistrate and accordingly vide order dated 03.04.2003, notice was issued to the complainant. On 07.06.2004, the learned Metropolitan Magistrate accepted the cancellation report and the case was fixed for respondent No.2/complainant’s evidence and thereafter from 07.06.2004 to 25.08.2004, the evidence was not recorded rather the case kept pending without any legal justification.
6. Being aggrieved, petitioner filed Crl. M.C. No.1729/2014 before this Court. The same was disposed of vide order dated 15.04.2014 by directing the learned Trial Court to take notice of order dated 07.06.2004 and promptly proceed with the matter and make all endeavour to conclude the proceedings before the learned Trial Court within a period of six months from the date of hearing already fixed i.e., 15.05.2014.
7. The petitioner further submitted that on 07.08.2014, the learned Metropolitan Magistrate, instead of complying with the order dated 15.04.2014 passed by this Court, ordered for further investigation to be conducted by the police which is against the provisions of law and in complete disregard to the aforesaid order. Hence, the petitioner approached this Court by way of the present petition.
8. He submitted that the impugned order of