HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 3036/2021
Ashok Kumar Jain S/o Shri Shiv Charan Lal
----Petitioner
Versus
State Of Rajasthan & Anr.
----Respondents
For Petitioner(s) : Mr. Suresh Kumar Sahni, with Mr. Ram Mohan Sharma & Mr. Manender Singh Solanki For Respondent(s) : Mr. F.R. Meena, P.P.
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order 05/07/2021 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. Vs. Dinesh Mishra, AIR 1968 Supreme Court 117 (V 55 C 32), Union of India Vs. Prakash P. Hinduja & Anr., (2003) Volume 6 SCC 195 and State of Punjab Vs. 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.
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(2 of 2) [CRLMP-3036/2021]
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.
(MAHENDAR KUMAR GOYAL),J DANISH USMANI /53 (Downloaded on 05/07/2021 at 09:52:11 PM) Powered by TCPDF (www.tcpdf.org)