CHANDRA SHEKHAR JAISWAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present petition under Sec. 482 of CrPC has been preferred by the Petitioners assailing the order dtd. 4/5/2016 passed by the Judicial Magistrate First Class, Bilaspur in an unregistered complaint case pending before it.

(2.) Vide impugned order dtd. 4/5/2016, the Court below has entertained the application filed by Respondent No.2-complainant, under Sec. 91/93 of CrPC, and has ordered the police authorities to register an FIR and to conduct an investigation and thereafter submit a final report or the charge-sheet, as the case may be.

(3.) Counsel for the Petitioners assailing the said order submits that the Court below has exceeded its jurisdiction while entertaining the said application under Sec. 91/93 of CrPC which otherwise the Court below could not have done having already exercised the powers which have been conferred upon it under Sec. 202 of CrPC. According to the Counsel for the Petitioners, the Court below could have ordered for investigation in the instant case before it would have taken a cognizance in the matter, but having already taking cognizance of the case it could not have thereafter ordered for further investigation by the police authorities under Sec. 156(3) of CrPC. Counsel for the Petitioner placed reliance on the decision of the Supreme Court rendered in the case of Devarapalli Lakshninarayana Reddy and Others v. V. Narayana Reddy and Others, 1976 (3) SCC 252, and also on the judgment of this High Court in the matter of Smt. Rakhi Patel v. State of Chhattisgarh and Others, 2013 (3) C.G.L.J. 638.