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2021 Supreme(Raj) 769
IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Mahendar Kumar Goyal, J.
Ashok Kumar Jain - Appellant
Versus
State Of Rajasthan - Respondent
S.B. Criminal Miscellaneous (Petition) No. 3036/2021
Decided on : 05-07-2021
Mr. Suresh Kumar Sahni, with Mr. Ram Mohan Sharma & Mr. Manender Singh Solanki, Advocate, for the Petitioner; Mr. F.R. Meena, P.P, for the Respondent
The main legal point established is the jurisdiction of the Magistrate to direct investigation, as interpreted through the judgments in Abhinandan Jha & Ors. v. Dinesh Mishra, Union of India v. Prakash P. Hinduja & Anr., and State of Punjab v. Davinder Pal Singh Bhullar.
Headnote:
Section 482 Cr.P.C. - Quashing of Order - Jurisdiction of Magistrate to Direct Investigation - Court relied on judgments in Abhinandan Jha & Ors. v. Dinesh Mishra, Union of India v. Prakash P. Hinduja & Anr., and State of Punjab v. Davinder Pal Singh Bhullar to quash the order directing the Investigating Agency to carry out further investigation.
Fact of the Case:
The petition was filed to quash the order directing the Investigating Agency to carry out further investigation.
Finding of the Court:
The Court found that the Magistrate had no jurisdiction to direct the Investigating Agency to carry out investigation in a particular manner and deemed it just and proper to direct the Investigating Agency not to submit the conclusion of the investigation with the concerned Court till next date.
Issues: Jurisdiction of Magistrate to Direct Investigation
Ratio Decidendi: The Court relied on the judgments in Abhinandan Jha & Ors. v. Dinesh Mishra, Union of India v. Prakash P. Hinduja & Anr., and State of Punjab v. Davinder Pal Singh Bhullar to conclude that the Magistrate had no jurisdiction to direct the Investigating Agency to carry out investigation in a particular manner.
Final Decision: The Court quashed the order directing the Investigating Agency to carry out further investigation and directed the Investigating Agency not to submit the conclusion of the investigation with the concerned Court till next date.
JUDGMENT
1. This criminal miscellaneous petition under Section 482 Cr.P.C. has been filed for quashing of the impugned order dated 09.04.2021 passed by the Court of learned Judicial Magistrate No.3, Alwar whereby the Investigating Agency has been directed to carry out further investigation formulating specific points.
2. Learned counsels for the petitioner relying on the judgments in cases of Abhinandan Jha & Ors. v. Dinesh Mishra, AIR 1968 Supreme Court 117 (V 55 C 32), Union of India v. Prakash P. Hinduja & Anr., (2003) Volume 6 SCC 195 and State of Punjab v. Davinder Pal Singh Bhullar and Ors. (2011) 14 SCC 770 contended that Magistrate has got no jurisdiction to direct the Investigating Agency to carry out investigation in a particular manner and hence the matter deserves to be quashed and set aside.
3. Issue notice to the respondent No.2.
4. List on 22.07.2021.
5. Learned Public Prosecutor is directed to procure the case diary and status report of the investigation.
6. Heard the learned counsels for the petitioner for interim relief.
7. Taking into consideration the contentions advanced by learned counsels for the petitioner, the direction contained in the impugned order dated 09.04.2021 and the law laid down by the Hon'ble Apex Court in the cases of Abhinandan Jha (supra), Union of India (supra) and State of Punjab (supra), this Court deems it just and proper to direct the Investigating Agency not to submit the conclusion of the investigation with the concerned Court till next date.
