MANI Vs. DHAMOTHARAN

JUDGEMENT

(1.) This criminal original petition has been filed under Section 482 of Cr.P.C., to call for the records in R.C.S.No.31/2008 on the file of the Judicial Magistrate, Ambasamudhram, Tirunelveli District and quash the order passed therein.

(2.) It is averred in the petition that the daughter of the first respondent one Arivarasi committed suicide on 16.07.2006 at 05.00 a.m. in her house and a case was registered and after due investigation, the same was referred as Mistake of Fact on 20.12.2007. The first respondent filed Crl.O.P.(MD) No.3591 of 2009, praying for fresh investigation by C.B.I. This Court passed an order dated 27.08.2009, directing the first respondent to file a protest petition before the Judicial Magistrate concerned. The first respondent also filed protest petition on 23.11.2009 and the Judicial Magistrate passed an order dated 30.11.2009, directing the Inspector of Police, to conduct reinvestigation in the case. The above order of the learned Judicial Magistrate for reinvestigation is beyond its jurisdiction. The Judicial Magistrate without following the procedures ordered for reinvestigation. Therefore, the order of the Judicial Magistrate is to be quashed.

(3.) The learned counsel for the petitioner contends that the order passed by the Judicial Magistrate for reinvestigation of the case is not in accordance with law and therefore, the same is to be quashed.