KRISHAN KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The instant misc. petition has been preferred by the petitioners against the order dated 5.8.2011 passed by the learned Additional Sessions Judge, Rajgarh in Sessions Case No.5/2010 whereby he whilst allowing the application filed by the prosecution under Section 173(8) Cr.P.C., has directed the investigating officer to investigate the matter further.

(3.) Learned counsel for the petitioner submits that as the cognizance upon the charge-sheet filed by the police has already been taken and as such, no direction to further investigate the matter was permissible in view of the the judgment of the Hon'ble Apex Court delivered in the case of Randhir Singh Rana. vs. State being the Delhi Administration, 1997 AIR(SC) 639. He further submits that the order of further investigation has been passed by the learned Additional Sessions Judge. However, the Additional Sessions Judge has no powers of directing any investigation into the matter because such powers are only vested with the Magistrates and cannot be exercised by the committal court. He, therefore, prays that the order impugned is absolutely illegal and amounts to an abuse of process of Court and thus, the same deserves to be quashed.