RENU KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) In the present application preferred under Section 482 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.?) , the petitioners have prayed for quashing of the order dated 30.06.2017 passed by the learned Chief Judicial Magistrate, Purnea in Sadar P. S. Case No. 265 of 2015 whereby he has recalled the order taking cognizance and has allowed the petition dated 28.06.2017 filed by the investigating officer under Section 173(3) of the Cr.P.C. for reinvestigation of the case.

(2.) Mr. Kaushal Kumar Jha, learned counsel for the petitioners submitted that the order impugned has been passed by the learned Chief Judicial Magistrate, Purnea mechanically without application of judicial mind. He submitted that the law does not permit re-investigation, but without adhering to the statutory provision learned Chief Judicial Magistrate allowed the prayer of the investigating officer and recalled his earlier order passed pursuant to the receipt of the charge-sheet submitted by the police.

(3.) Mrs. Gulnar Begam, learned Additional Public Prosecutor for the State submitted that there is no illegality in the order impugned whereby the learned Chief Judicial Magistrate has allowed the prayer of the investigating officer for re-investigation of the case. She submitted that after completion of investigation and submission of police report, certain new facts transpired on which investigation was found necessary pursuant to which the Inspector General of Police had directed the investigating officer to seek permission of the court for re-investigation, which has rightly been allowed by the court.