SATISH KUMAR Vs. ONKAR SINGH

JUDGEMENT

(1.) THIS petition has been preferred under section 482 of the Code of Criminal Procedure for quashing of FIR No. 144 of 2011 dated 9.12.2011 registered at Police Station, Baijnath and subsequent proceedings pending before the learned Judicial Magistrate 1st Class, Baijnath, District Kangra, H.P.

(2.) "Key facts" necessary for the adjudication of this petition are that FIR No. 144 of 2011 was registered on 9.12.2011 against the petitioners for offence under section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. The matter was investigated by the police. Cancellation report was filed on 14.12.2011. Thereafter, private respondents filed a petition before the learned Judicial Magistrate 1st Class, Baijnath, District Kangra. He ordered reinvestigation of case on 26.11.2012. Thereafter, the matter was again reinvestigated by the police and cancellation report was filed on 17.12.2012. Private respondents filed petition before learned Judicial Magistrate 1st Class seeking reinvestigation in the matter or treating the petition as a private complaint. Judicial Magistrate treated the same as private complaint on 9.12.2013 and recorded the preliminary evidence. Statements of CW -1 Onkar Singh, CW -2 Bhagat Ram, CW -3 Narender Kumar and CW -4 Raj Kumar were recorded by the Judicial Magistrate, 1st Class, Baijnath. Petitioner was summoned vide order dated 9.12.2013 by the Judicial Magistrate, 1st Class, Baijnath. On 20.1.2014, notices were ordered to be issued to the petitioners returnable on 24.2.2014. It is in these circumstances, present petition has been filed.

(3.) THEIR Lordships of the Hon'ble Supreme Court in Ramchandran vs. R. Udhayakumar and others, : (2008) 5 SCC 413 have held that instead of fresh investigation there can be further investigation if required under section 173(8) of the Code of Criminal Procedure. Their Lordships have further held that it is evident from the plain reading of section 173 of the Code of Criminal Procedure that after completion of investigation under section 173(2) of the Code of Criminal Procedure, the police has right to further investigate under sub -section (8), but not fresh investigation or reinvestigation. Their Lordships have held as under: