JUDGMENT :

Sanjeev Prakash Sharma, J.

1. By way of this criminal writ petition, the petitioner assails the order dated 19/02/2019, passed by the Additional Chief Metropolitan Magistrate No. 16, Jaipur whereby he has returned the file for fresh investigation to the SHO, Police Station Sadar, Jaipur (West), Jaipur after the final report was submitted by the Police.

2. Learned counsel for the petitioner submits that on the basis of a written complaint made by the complainant-respondent no. 4 under Section 156(3) Cr.P.C., an FIR No. 273/2018 was registered against the petitioner under Section 323, 341, 376, 377, 384 IPC at Police Station Sadar, Jaipur (West) on 07/06/2018. After investigation, the Police found the entire case to be wholly false and fabricated and in this regard, a negative final report was submitted after recording the statement of the prosecutrix under Section 164 Cr.P.C.. After the negative final report was submitted in the Competent Court, the respondent no. 4-complainant moved an application for re-opening the case with the sole purpose to earn money illegally from the petitioner with the collusion of her husband. It is further submitted that the FIR and proceedings c