STATE OF RAJASTHAN Vs. ARUNA DEVI

JUDGEMENT

(1.) Special leave granted

(2.) A complaint was filed in the court of Munsif and Judicial Magistrate, First Class, Bilara, against the respondents under various S. of the Penal Code. The gravamen of the allegation was that the respondents had, in pursuance of a conspiracy, transferred some land on the strength of a special power of attorney bearing forged signature. The Magistrate, after perusal of the complaint, directed an investigation to be made as contemplated by Section 156 (3 of the Code of Criminal Procedure, 1973 (the Code). A casewas registered thereafter by police and a final report was submitted on 18/7/1981 staling that complaint was false. The report came to be accepted by the Magistrate on 23/9/1981. It, however, so happened that the Superintendent of Police had independently ordered further investigation on 24/9/1981 and a challan came to be filed by police against the respondents, inter alia, under S. 420 and 467 Indian Penal Code. The Magistrate took cognizance on 25/6/1984. A challenge was made to this act of the Magistrate before Sessions Judge, Jodhpur, who dismissed the revision. On further approach to the High court, the revision was allowed and the order of cognizance was set aside. The State has come in appeal under Article 136 of the Constitution.

(3.) A perusal of the impugned judgment of the High court shows that it took the view that the Magistrate had no jurisdiction to take cognizance after the final report submitted by police had been once accepted. Shri Gupta, appearing for the appellant, contends that this view is erroneous in law inasmuch as Section 173 (8 of the Code permits further investigation in respect of an offence after a report under Ss. (2 has been submitted. Ss. (8 also visualises forwarding of another report to the Magistrate. Further investigation had thus legal sanction and if after such further investigation a report is submitted that an offence was committed, it would be open to the Magistrate to take cognizance of the same on his being satisfied in this regard.