SATYA NARAYAN YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the Petitioner and learned Counsel for the State.

(2.) The prayer made in this application under Section 482 of the Code of Criminal Procedure (hereinafter referred to as Code of Criminal Procedure.) is to quash the order of learned Sub-Divisional Judicial Magistrate, Raxaul, Motihari in Raxaul P.S. Case No. 123/96 whereby he declined to accept the final form submitted by the police and directed for further investigation under Section 173(8) of the Code of Criminal Procedure.

(3.) On behalf of the Petitioner the only issue raised is that of jurisdiction. It has been submitted that once the police completed investigation and submitted final form indicating that the occurrence was true but no clues could be found, the Magistrate had no option but to accept the final report of the police declaring the case closed. In support of this proposition learned Counsel for the Petitioner has placed reliance upon a Judgment of the Supreme Court in the case of Reeta Nag v. State of West Bengal and Ors., 2009 9 SCC 129.