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2009 Supreme(Raj) 2332

RAJASTHAN HIGH COURT AT JAIPUR BENCH
R.S.Chauhan, J.
Jugal Kishore Sharma (Shukla) & Ors. - Appellant
Versus
State of Rajasthan & Anr. - Respondent
S.B. Criminal Misc. Petition No.592 of 2009.
Decided On : 06-10-2009

Advocates:
For the Petitioner:Mr.Anurga Sharma, Advocate.
For the Party: Mr.Javed Chaudhary, Public Prosecutor.
For the Complainant:Mr. M.K. Jain, Advocate.

The revisional court has ample power to direct further investigation under Section 173(8) Cr.P.C., but it cannot outline the steps for investigation.

Headnote:

CRIMINAL PROCEDURE CODE - SECTION 173(8) - SECTION 420, 467, 468, 471 & 120B IPC - FURTHER INVESTIGATION - DOCUMENTS FORGED - BOTH DOCUMENTS TO BE SENT TO FSL FOR OPINION

Fact of the Case:

Petitioners challenged an order directing further investigation in an FIR under Section 173(8) Cr.P.C. They alleged that the respondent forged an agreement, while the respondent alleged that the petitioners forged a rent agreement. Both parties filed complaints against each other.

Finding of the Court:

The court found that the revisional court did not outline the steps for investigation but merely discussed the lacunae in the investigation. It also found that both parties alleged that the other party forged certain documents.

Issues: Whether the revisional court could direct further investigation and outline the steps for investigation.

Ratio Decidendi: The court held that the revisional court has ample power to direct further investigation under Section 173(8) Cr.P.C. However, it cannot outline the steps for investigation. The court also held that in the interest of justice, both the documents, allegedly forged, should be sent to the FSL for its opinion.

Final Decision: The court disposed of the petition and directed the Investigating Agency to carry out an impartial investigation in both the FIRs and submit the respective documents alleged to be forged before the FSL.

JUDGMENT

1. - The petitioners have challenged the order dated 20.03.2009 passed by the learned Additional Session Judge, Sawai Madhopur whereby the learned Judge has directed the police to further investigate in FIR No.258/2007 under the Provisions of Section 173(8) Cr.P.C.

2. It is the case of the petitioners that the petitioner No.1 had taken a shop namely Ankur Medical & General Store on rent from the respondent No.2, for which respondent No.2 had taken an amount of Rs.1,00,000/- from the petitioner No.1 as security (Pagdi) which was agreed to be refunded upon vacating the shop. A rent agreement was also executed on a stamp paper of Rs.100/- witnessed by the petitioner Nos.2 & 3 and attested by a Notary Public on 08.03.2001. But only after some time, the respondent No.2 started pressurising the petitioner No.1 to vacate the rented shop. In this regard, the respondent No.2, served a legal notice upon the petitioner No.1 in March, 2004; the petitioner No.1 replied and denied the contents thereof. Thereafter, the petitioner No.1 was served with a legal notice followed by a notice of a civil suit filed by the respondent No.2 for eviction from the rented shop. The petitioner No.1 came to know that the respondent No.2 had forged an agreement on a stamp paper of Rs.100/- with regard to the rented shop, wherein the clause with regard to the advance amount of Rs.1,00,000/- was not mentioned. Therefore, he submitted a complaint against the respondent No.2 before the ACJM, Sawai Madhopur for offences under Sections 420, 467, 468, 471, & 120B IPC. The said complaint was sent to the police under Section 156(3) Cr.P.C. on 19.05.2007. After investigation, the police filed a negative final report. Against the final report, the petitioner No.1 filed a protest application before the ACJM, Sawai Madhopur. He examined himself u/s 200 Cr.P.C. However, vide order dated 19.04.2008, the learned Magistrate dismissed the protest application and allowed the final report. Against the order dated 19.04.2008, a revision petition was preferred, which was dismissed on 17.06.2008.

3. The respondent No.2 also preferred a complaint against the petitioners that they had forged a rent agreement on a stamp paper of Rs.100/-.The complaint was sent to Police Station Mantown u/s 156(3) Cr.P.C. where FIR No.258/2007 was registered for offences u/s 420, 467, 468 & 471 IPC on 04.06.2007. However, the Police submitted a final report that the dispute between the parties was of civil nature, which could be decided by a Civil Court. The respondent No.2 neither submitted any protest application, nor examined himself before the learned ACJM, Sawai Madhopur. However, on 03.11.2007, the learned Magistrate disallowed the final report and took cognizance against the petitioners u/s 420, 467, 468, 471 & 120B IPC. The petitioners filed a revision petition against the order dated 03.11.2007 before the Additional Session Judge, Sawai Madhopur, which was allowed vide order dated 17.06.2008. The respondent No.2 preferred a criminal revision petition against the order dated 17.06.2008 before this Court. Vide order dated 05.01.2009, this Court allowed the revision petition and while quashing the order dated 17.06.2008 directed the revisional court to re-hear the parties and pass a fresh order after taking into consideration all the grounds raised in the revision petition. Vide order dated 20.03.2009, the learned reivsional court while setting aside the order dated 03.11.2007 directed the learned ACJM, Sawai Madhopur to issue directions to the SHO, Police Station Mantown to further investigate the case in FIR No.258/2007. Hence, this petition before this court.

4. Mr. Anuraga Sharma, the learned counsel for the petitioners, has contended that although the revisional court could have directed further investigation, it could not have directed the path to be taken by the Investigating Agency while investigating the case. In the present case, the learned revisional court has delineated the pa










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