BUTI SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) HEARD . Petitioner has filed this petition under section 482 of CrPC for seeking a direction from this Court against the respondents for submitting report under section 156 (3) of CrPC as directed by the CJM, Gwalior on 25.11.2004. Despite the various orders and lapse of more than one and half year report could not be filed. The contention of the learned counsel for the petitioner is that even after direction of the CJM, police neither enquired into the matter nor submitted any report before the CJM and they are appearing and simply taking adjournments. Respondents are influential officers therefore the police is not enquiring and not submitting any report. He submits that his firm apprehension is that the police will not take any interest in the matter.

(2.) IN fact, in such cases it is for the CJM to control the investigation and to give suitable direction to the police officer to submit report within a particular period. I think the Magistrate is not powerless and cannot sit idle. If the report is not submitted by the police officer even after direction given by the Chief Judicial Magistrate, he can prescribe time limit and compel the police to submit report. He can also control the investigation and can give suitable direction to the police officer for submitting the report as directed by him under section 156 (3) of CrPC.

(3.) IT is true that in this exercise there is no provision under section 156 (3) that the Court can control and supervise. It is true that a Magistrate cannot put a stop to the investigation as the investigation into an offence is a statutory function of the police and the superintendence thereof is vested in the State Government and the Court is not required to interfere with the investigation and to quash it, but certainly the time limit can be prescribed and direction can be given to submit the report.