ALOK JOSHI Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) The petitioner/accused Alok Joshi (father-in-law of victim) assails order dated 7.10.2017 (Annexure P-8), whereby the learned Sub Divisional Judicial Magistrate, Dabwali, while considering an application under Section 190(1)(b) Cr.P.C., filed on behalf of complainant Dr. Dalip Gupta (father of victim Ankita) has directed the investigating agency to conduct further investigation in the matter.

(2.) The relevant facts may, briefly, be stated chronologically as follows:

(3.) The petitioner (father-in-law of Ankita), being one of the accused in the FIR assails the impugned order dated 7.10.2017(Annexure P-8) mainly on the ground that once the Trial Court, consequent upon a protest petition having been filed by complainant, had chosen to proceed with the matter as a complaint case and had in fact adjourned the matter several times for recording preliminary evidence, there was no occasion for the trial Court to revert back and order the investigating agency to further investigate the matter.