RAMCHANDRA & ORS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal misc. petition under Section 482 Cr.P.C. has been preferred by the petitioners herein for assailing the order dated 16.3.2019 passed by learned Addl Chief Judicial Magistrate, Sardarshahar District Churu in connection with FR No. 109/2018 submitted by the police after investigation of the FIR No. 339/2017 for offences under Sections 384, 385, 389, 420, 406, 506 and 120B I.P.C. The learned Magistrate directed that the matter shall be reopened and investigated further.

(2.) Brief facts relevant and essential for disposal of the instant criminal misc. petition are noted hereinbelow:-

(3.) Shri G.R. Punia, learned Senior Advocate assisted by Shri Rajendra Prasad, Advocate, relied upon a circular dated 6.1.2019 issued by the Home Department, Government of Rajasthan whereby it has been stipulated that not more than three investigations shall be permitted in a matter. He urged that the impugned order amounts to gross abuse of process of law as the same has been passed without application of mind to the facts available on record and thus, the same deserves to be quashed.