NITIN KUMAR Vs. GAJENDRASINGH DABAR

JUDGEMENT

(1.) This matter is arising from rejection of application made by present applicant before the learned Judicial Magistrate First Class, Agar for issuing directions under Section 156 (3) of Cr.P.C . to the police for conducting an investigation. Being aggrieved by Order dated 30.01.2017 passed in complaint case No. 0/2016 the applicant has preferred the instant application.

(2.) The controversy leading to filing of the present case does not need descriptive narration of facts as the issue in the present case is confined to interpretation of Section 210 as well as Section 156 (3), of Cr.P.C , while it also touches upon the powers available to the Magistrate at the time of taking cognizance in the matter. The present applicant had approached this Court on earlier occasions by filing M.Cr.C. 249/2017 whereby the Court examined the veracity of the order passed by the learned JMFC while rejecting the application under Section 156 (3) of Cr.P.C . for want of sanction under Section 197 of Cr.P.C. This Court vide order dated 11.01.2017 disposed of the petition on the ground that lack of sanction under Section 197 of Cr.P.C. may be an impediment for proceeding with the trial or for filing of charge-sheet under Section 173 of Cr.P.C. although by no stretch of imagination, the same cannot limit the power to investigate the charge levied against any person. Consequently, the revision application was disposed of with direction to reconsider the application under Section 156 (3) of Cr.P.C .

(3.) It is borne out from the record that the present applicant approached the learned Judicial Magistrate First Class with a prayer under Section 156 (3) of Cr.P.C . and while making such prayer, the applicant also invited the attention of the learned JMFC on a report authored by C.S.P., Agar, which was forwarded to Deputy Inspector General of Police, Ujjain, for his consideration wherein it is submitted by the learned counsel for the applicant that a direction was issued by Deputy Inspector General of Police, Ujjain, to take appropriate action against the person named therein.