STATE OF RAJASTHAN Vs. BHEEM SINGH

JUDGEMENT

(1.) BY way of the instant criminal misc. petition, the petitioner " State has impugned the order dated 4th September 2001, whereby the learned Judicial Magistrate, Tijara ordered the investigation of a case pertaining to FIR No. 122/2000 of Police Station, Bhiwadi to be conducted by an officer of the rank of S.P. or above, as also the order dated 20th May, 2002, whereby the court asked for an explanation from S.P., Alwar who disobeyed the orders of the Court.

(2.) LEARNED PP canvassed that the learned trial court committed grave error in directing the investigation of a criminal case to be made by Superintendent of Police of the District. The learned trial court exceeded his jurisdiction as such power to direct the investigation to be made by the SP vests only in the High Court under Article 226 of the Constitution or under Section 482 of CrPC. Thus, the impugned order passed by the learned trial court is totally arbitrary and perverse, which needs to be set-aside.

(3.) IT is a well settled proposition of law that the powers under Section 482 of Cr.P.C. must be exercised sparingly with circumspection and in the rarest of rare cases. Exercise of inherent power u/s 482 of Cr.P.C. is not the rule but it is an exception. The exception is applied only when it is brought to the notice of the Court that grave miscarriage of justice would be done if the inherent power is not exercised. The power u/s 482 of Cr.P.C is to be exercised to prevent abuse of the process of Court. IT is not a provision permitting any person to abuse the process of law.