KASHI RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS miscellaneous petition is directed against the order dated December 11, 1989, passed by the Munsif and Judicial Magist-rate Bhadra, by which the learned Magistrate sent the case relating to FIR No. 121 of 1985 for further investigation to the police.

(2.) SUKHPAL Singh, Supervisor, Bhadra Kraya Vikraya Sahkari Samiti Bhadra, submitted a report on June 21, 1985 at the Police Station, Bhadra, for embezzlement of a sum of Rs. 34,795/- against Aad Ram, Kashi Ram and Bharat Singh. On the basis of this complaint, First Information Report No. 121 of 1985 was registered under Section 408 IPC against these accused persons. The investigation in this case was conducted by the CID, CB, Cooperative Embezzlement Section, Bikaner. The police, after necessary investigation submitted, a challan against Aad Ram, Kashi Ram and Bharat Singh in the Court of the Munsif and Judicial Magistrate Bhadra. The learned Magistrate, after considering the report submitted by the Inspector, CID, came to the conclusion that the investigation conducted by the CID is not complete and he, therefore-sent the case for further investigation to the Inspector, CID with certain directions. It is against this order, sending the case for further investigation with some directions, that the present petition has been filed.

(3.) IN this view of the matter the directions given by the learned Magistrate, directing the investigating agency to further investigating the matter, does not require any interference. But, however, the opinion expressed by the learned Magistrate will not come in the way of the investigating agency to further investigate the matter in a particular manner.