Ashok Kumar Jain S/O Shri Shiv ... vs State Of Rajasthan
2021 Latest Caselaw 2601 Raj/2

       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.

                                                              (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

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