SURINDER SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) Surinder Singh, the petitioner has brought this petition under the provisions of section 482 Cr.P.C. for quashing of the order dated 13.02.2010 (Annexure P-1) passed by learned Judicial Magistrate Ist Class, Dasuya whereby the investigating officer of the case was directed to submit report under section 173 Cr.P.C. alongwith other documents on the ground that the same is illegal, without jurisdiction and against the provisions of section 173 Cr.P.C.

(2.) Learned counsel for the petitioner has submitted that in the case registered by way of FIR No.231 dated 21.12.1999 at Police Station Tanda, District Hoshiarpur, for an offence punishable under section 379 IPC the police had submitted a cancellation report.

(3.) According to him, learned Judicial Magistrate Ist Class, Dasuya did not agree with the said cancellation report and vide order dated 13.02.2010 directed the investigating officer to submit report under section 173 Cr.P.C. alongwith other documents. He has placed reliance in this regard upon a decision of Hon'ble Supreme Court of India in Abhinandan Jha and others v. Dinesh Mishra, 1968 AIR(SC) 117. It was a case where the police submitted report before the Magistrate that no case was made out against the accused for trial. It was laid down by Hon'ble Supreme Court that the Magistrate had no jurisdiction to call upon the police for filing a charge sheet. It was further made clear that the Magistrate can take cognizance and order further investigation.