Sandeep Soni @ Sandeep Dhupad vs State Of Rajasthan
2021 Latest Caselaw 17812 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 6469/2021

Sandeep Soni @ Sandeep Dhupad S/o Sh. Ratan Soni, Aged About 35 Years, R/o Sindhi Mohalla, Ward No. 22, Hanumangarh Town, Dist. Hanumangarh (Raj.).

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Hasti Mal Saraswat For Respondent(s) : Mr. Javed Gauri, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

26/11/2021

By way of filing the instant Misc. Petition, challenge has been

made to order dated 12.10.2021 passed by learned Judicial

Magistrate, Hanumangarh in FIR No. 222/2020 whereby the

prayer of the petitioner for sending the matter for further

investigation under Section 173(8) of the Cr.P.C. has been

declined.

Learned counsel for the petitioner submits that a bare

perusal of the order impugned would reveal that it is against the

spirit and mandate of law as well as against the settled proposition

of law. He submits that in the event, a charge sheet or negative

final report under Section 173 of the Cr.P.C is submitted before the

Judicial Magistrate, the Magistrate is empowered enough to direct

the agency to conduct further investigation in the matter. Reliance

has been place on the judgment passed by the Hon'ble Supreme

Court in Vinay Tyagi Vs. Irshad Ali (2013) 5 SCC 762,

(2 of 2) [CRLMP-6469/2021]

wherein guiding principles have been propounded by the Hon'ble

Supreme Court. He thus submits that the continuance of the order

impugned would amount to abuse of process of law. The order

impugned deserves to be quashed and set-aside.

Learned Public Prosecutor does not object in view of the

settled legal proposition.

Heard, perused the order impugned.

It is nigh well settled in the event a final report is submitted

before the Magistrate, he has ample authority to direct the agency

to conduct further investigation in the matter if the facts and

circumstances of the case indicates him to do so. There is no

impediment that after filing of the challan, a Magistrate cannot

direct the agency to conduct further investigation in the matter. It

appears that the learned Magistrate has misdirected himself while

passing the order impugned. In this view of the matter, I deem it

appropriate to remand the matter to the concerned Judicial

Magistrate to pass fresh order in the light of the settled legal

proposition, more particularly, the judgment of the Supreme Court

referred to supra.

Accordingly, the Misc. Petition is allowed and order dated

12.10.2021 is quashed and set-aside and the Magistrate is

directed to pass a fresh order, strictly in accordance with law.

(FARJAND ALI),J

161-Faheem

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