RAJ KUMAR Vs. SENIOR SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) The petitioner has sought the quashing of complaint titled "Tara Singh vs. Raj Kumar" pending before the court of learned Chief Judicial Magistrate, Jammu (hereinafter to be referred as 'the trial court'), order dtd. 1/7/2017 passed by the trial court directing enquiry by the respondent No.1 and subsequent enquiry conducted by the respondent No. 1 pursuant to the order dtd. 1/7/2017.

(2.) The quashing of the complaint is sought on the ground that no offence is made out from the mere perusal of the complaint and that the petitioner had in fact borrowed sum of Rs.1.5 Lakhs from respondent No. 2 in the year 2010 and the loan transaction has been portrayed as the money received by the petitioner for the purpose of procuring the allotment of the land in favour of respondent No. 2.

(3.) The order dtd. 1/7/2017 has been impugned by the petitioner on the ground that once the report was filed by the enquiry officer pursuant to the order passed by the learned trial court under Sec. 202 Cr.P.C, the learned trial court could have proceeded in accordance with either Sec. 203 Cr.P.C or Sec. 204 Cr.P.C and in no manner could have directed respondent No. 1 to conduct in-depth enquiry under Sec. 202 Cr.P.C. It is further stated that as the order dtd. 1/7/2017 is without jurisdiction, so any enquiry conducted pursuant to the order dtd. 1/7/2017 is also void ab-initio.