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2025 Supreme(Online)(Chh) 19618

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, CJ, Amitendra Kishore Prasad, J
Raja Saluja – Appellant
Versus
State of Chhattisgarh – Respondent
CRMP No. 1041 of 2022

Advocates:
For the Appellants/Petitioners: Manoj Paranjpe, Arpan Verma, Anshul Tiwari
For the Respondents: Shashank Thakur, Rishabh Bajaj

A Magistrate cannot direct 're-investigation' or 'fresh investigation' after a police closure report is filed. The court may only order 'further investigation' through a reasoned, judicial order under Section 173(8) CrPC, ensuring procedural fairness and adherence to the judicial conscience to avoid arbitrary, parallel criminal proceedings.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 173(2) and (8) - Indian Penal Code, 1860 - Section 482 - Closure report filed by police - Powers of Magistrate - A Magistrate has no power to direct 're-investigation' or 'fresh investigation' (de novo) in a case initiated on a police report; however, the Magistrate has jurisdiction to direct 'further investigation' after filing of a police report. Such power must be exercised judicially, with recorded reasons and satisfaction that the initial investigation was incomplete or unsatisfactory. (Paras 24, 25, 26, 31)

(B) Criminal Procedure - Judicial Oversight - Return of case diary - The mere act of returning the case diary to the police without assignment of reasons or a formal judicial order does not constitute a valid exercise of power under Section 173(8) of the Code. Parallel proceedings involving both a pending closure report and an unregistered miscellaneous case are procedurally irregular and impermissible. (Paras 22, 28, 29)

Facts of the case:
The petitioners sought the quashing of an order passed by a Magistrate, which had allowed the police to resume investigation into an older criminal matter ('re-investigation') after a closure report had already been submitted. The Magistrate had failed to adjudicate the pending closure report and instead permitted the return of the case diary to the police under an unregistered miscellaneous proceeding without any notice to the accused or formal judicial determination.

Findings of Court:
The court found that the Magistrate failed to exercise its statutory duty to adjudicate the closure report. By allowing the police to initiate re-investigation without a valid judicial order or recorded grounds for 'further investigation,' the Magistrate acted in excess of jurisdiction. The court observed that the criminal process cannot be weaponized in matters that are essentially civil in nature where property disputes are pending before competent civil courts.

Issues: Whether a Magistrate has the authority to permit 're-investigation' after a closure report is filed and whether returning a case diary without a reasoned judicial order satisfies the procedural requirements of the Code of Criminal Procedure.

Ratio Decidendi: A Magistrate is empowered to direct 'further investigation' based on a formal, reasoned judicial order when a closure report is found unsatisfactory, but cannot order 're-investigation' or 'fresh investigation,' which are powers exclusive to superior courts. Procedural fairness demands that closure reports be adjudicated upon notice to the parties rather than being bypassed through administrative return of case records.

Result: Petition allowed; the impugned order dated 24.12.2019 and the subsequent re-investigation are set aside and quashed.

Table of Content
1. procedural history and supreme court remand order. (Para 1 , 2 , 17 , 18)
2. parties' contentions on jurisdictional limits of re-investigation. (Para 3 , 4 , 14 , 15 , 16)
3. factual irregularity in handling police closure reports. (Para 5 , 6 , 7 , 8 , 9 , 19 , 20 , 21 , 22 , 23)
4. violation of statutory procedure during investigation and re-investigation. (Para 10 , 12 , 13 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33)
5. binding precedent on magistrate's power under section 173 crpc. (Para 24 , 25)
6. final order quashing illegal re-investigation and orders. (Para 34 , 35 , 36)

Order on Board

Per Ramesh Sinha, Chief Justice

1. Though CRMP No. 2615/2019, CRMP No. 2616/2019 and CRMP No. 1041/2022 were earlier disposed of by this Court vide common order dated 02.12.2024, the order passed in CRMP No.1041/2022 came to be challenged by the complainant/ respondent No. 2 before the Hon’ble Supreme Court in SLP (Crl.) No. 9445/2025. The Hon’ble Supreme Court, vide order dated 28.10.2025, has been pleased to set aside the order to the extent it pertains to CRMP No. 1041/2022 and remand the matter to this Court for fresh consideration.

2. As a result, and in view of the remand order dated 28.10.2025 passed by the Hon’ble Supreme Court in Criminal Appeal No.004644/2025 arising out of SLP (Crl.) No. 9445/2025, only CRMP No. 1041/2022 now survives for adjudication, and we proceed to consider this sole petition on its own merits.

3. Heard Mr. Manoj Paranjpe, learned Senior Counsel assisted by Mr. Anshul Tiwari, learned counsel for the petitioners. Also heard Mr. Shashank Thakur, learned Deputy Government Advocate, appearing for the State/respondent No.1 as well as Mr. Rishabh Bajaj, leaned counsel appearing for respondent No.2.

4. The present petition has been filed by the petitioner under Section 482 of the Code of Criminal Procedure, 1973 (for short, ‘CrPC’) with the following prayer :-

“It is therefore, most humbly prayed that the Hon'ble Court may kindly be pleased to allow the instant 482 petition filed by the petitioners and the order dated 24.12.2019 (Annex.P/1), passed by Judicial Magistrate First Class, Simga, District Baloda Bazar-Bhatapara, passed in Unregistered MJC No. 2018 in the matter of State of Chhattisgarh through Police Station Suhela vs. Unknown, may kindly be set-aside and the action on the part of the police authorities, whereby the police authorities have started reinvestigation of the entire crime No. 23/2008, may also kindly be set-aside, in holding the same as without jurisdiction and the Hon'ble Court may kindly be pleased to direct the Judicial Magistrate First Class, Simga to pass the detailed order on merit, on the closer report submitted by the police and the Hon'ble Court may further be pleased to grant any other relief which is deemed fit and proper.”

5. Brief facts of the case in a nutshell are that the respondent No.2/complainant lodged FIR No. 23/2008 on 12.03.2008 at Police Station Suhela alleging offences under Sections 419, 420, 467, 468, 471 and 120-B of the Indian Penal Code, 1860 (for short, ‘IPC’) against the petitioners in respect of alleged fraudulent sale deeds dated 08.06.2007, 12.06.2007 and 26.06.2007 concerning lands situated at Villages Aurethi, Farhada and Kholwa. The allegations were that the petitioners, by misusing certain signed papers allegedly given to Shri Pratap Saluja (father of the petitioners), prepared a forged power of attorney in the name of Jagjit Singh Saluja, who thereafter executed the aforesaid sale deeds in favour of co-accused Raja Saluja.

6. It was also alleged that the complainant had never executed any power of attorney and that the alleged power of attorney stood cancelled on 08.05.2007. The police investigated the matter and submitted a closure report on 26.07.2014 before the Judicial Magistrate First Class, Simga, whereupon MJC No. 75/2014 was registered. Notice was issued to the complainant, and the order sheets (Annexur

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2025 Supreme(Online)(Chh) 19618

IN THE HIGH COURT OF CHHATTISGARH AT BILASPURRamesh Sinha, CJ, Amitendra Kishore Prasad, JRaja Saluja – AppellantVersusState of Chhattisgarh – RespondentCRMP No. 1041 of 2022

Cases Referred (4)

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, CJ, Amitendra Kishore Prasad, J
Raja Saluja – Appellant
Versus
State of Chhattisgarh – Respondent
CRMP No. 1041 of 2022