Honble SINGH, J.–Heard the learned counsel for the petitioner and the learned Public Prosecutor.

(2). This petition under Section 482 Cr.P.C. is directed against the order dated 11th June, 97 passed by learned Civil Judge (Junior Division)-cum-Judicial Magistrate No.3, Jodhpur, whereby the learned Judicial Magistrate rejected the applica- tion dated 7th April, 97 submitted by the accused petitioner praying that further investigation started by the police in C.R. No. 190/92 be stopped.

(3). The learned counsel for the petitioner has submitted that the First Information Report No. 190/92 was registered at Police Station, Udai Mandir, Jodhpuron 9th May, 92. The offences alleged in the First Information Report were punishable under Sections 420, 379, 440 and 120-B of the Indian Penal Code and after investigation a final report was submitted on 2nd July, 92. Further investigation was conducted by a Special Branch of the office of Superintendent of Police and a final report was submitted in which it was mentioned that the case was of a civil nature. The final report No. 94/92 was accepted by the learned Judicial Magistrate on 28th August, 94. The learned counsel for the petitioner has further submitted that after the acceptance of the final report by the learned Judicial Magistrate on 28th October, 94, the police has started further investigation in the case without any legal authority and justification. Therefore, the petitioner moved an application before the learned Judicial Magistrate praying that the investigation may be stopped. But, the application moved by the petitioner was rejected by the learned Judicial Magistrate vide order dated 11th June, 97.

(4). The learned Public Prosecutor has not disputed this fact that police has started further investigation. The submission made by the learned Public Prosecutor is that the officer incharge of the Police Station is empowered under sub-section (8) of Section 173 of the Criminal Procedure Code to conduct further investigation in the case. It has also submitted by him that further investigation is being conducted since 16th January, 96 and the application dated 7th April, 97 was moved by the petitioner before the learned Judicial Magistrate after considerable delay. The learned Public Prosecutor has supported the order dated 11th June, 97 passed by the learned Civil Judge (Junior Division)-cum-Judicial Magistrate No.3, Jodhpur.

(5). The learned counsel for the petitioner has challenged the authority of the Police Officer to conduct further investigation in this case on the following grounds:–

1. That after the acceptance of the final report, vide order dated 18th

October,94 passed by the learned Judicial Magistrate, no further investigation could be started by the police without permission of the Magistrate and since no prior permission of the Magistrate was obtained in the case, further investigation by the police is without legal authority.

2. That the order dated 18th October, 94 passed by the learned Civil Judge (Junior Division)-cum-Judicial Magistrate No.3, Jodhpur whereby he accepted the final report was a judicial order and so long that order is not set aside, further investigation by the police could not have been started as such investigation would be derogatory to the judicial order passed by the learned Judicial Magistrate on the final report.

3. That in the instant case the matter is of a civil nature and no cognizable offence can be said to have been made out, and therefore, further investigation by the police under sub-section (8) of Section

176 Cr.P.C. is not warranted and therefore, it amounts to abuse of the process under the Code.

(6). I have carefully considered the arguments advanced by the learned counsel for the petitioner and the learned Public Prosecutor.

(7). Sub-section (8) of Section 173 of the Criminal Procedure Code empowers the police to conduct further investigation in the case. Sub-section (8) of Section 173 reads :

``Nothing in this section shall be deemed to

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