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2021 Supreme(Raj) 1838
RAJASTHAN HIGH COURT BENCH AT JAIPUR
Mahendar Kumar Goyal, J.
Ashok Kumar Jain - Appellant
Versus
State of Rajasthan & Anr. - Respondents
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
A Magistrate does not have the jurisdiction to direct the Investigating Agency on how to conduct its investigation, as established by precedent.
Headnote:
[JURISDICTION] - [INVESTIGATION DIRECTIVES] - [The court addressed the jurisdiction of a Magistrate to direct the Investigating Agency to conduct investigations in a specific manner, referencing established case law that limits such authority. The court concluded that the Magistrate exceeded its jurisdiction, thereby influencing the decision to quash the order for further investigation.]
Fact of the Case:
The petitioner filed a criminal miscellaneous petition under Section 482 Cr.P.C. to quash an order from the Judicial Magistrate directing the Investigating Agency to conduct further investigation with specific points.
Finding of the Court:
The court found that the Magistrate lacked the jurisdiction to direct the Investigating Agency in how to conduct its investigation, referencing precedents that support this interpretation.
Issues: Whether the Magistrate has the authority to direct the Investigating Agency to investigate in a specific manner.
Ratio Decidendi: The court relied on previous Supreme Court judgments which established that a Magistrate does not possess the jurisdiction to dictate the manner of investigation by the Investigating Agency.
Result: The court decided to quash the impugned order and directed the Investigating Agency not to submit the conclusion of the investigation until the next hearing.
JUDGMENT
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.
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.
Issue notice to the respondent No.2.
List on 22.07.2021.
Learned Public Prosecutor is directed to procure the case diary and status report of the investigation.
Heard the learned counsels for the petitioner for interim relief.
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.
