JAYANTI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant misc. petition has been filed by the petitioner assailing the order dated 17.9.2011 passed by the learned Judicial Magistrate First Class, Sheoganj, District Sirohi, in relation to F.I.R. No. 145/2010 of the Police Station Sheoganj and the Final Report filed by the police in relation thereto and being aggrieved of the direction issued by the learned Magistrate to the police for re-investigation.

(2.) Learned counsel for the petitioner relying upon the decision of the Hon'ble Apex Court in the case of Kishan Lal v. Dharmendra Bafha and Anr., reported in (2009) 7 SCC 685, submits that direction to re-investigate the matter is not permissible because there is no such provision in the Cr.P.C. whereby the Court can direct the police to re-investigate the matter. He, therefore, prays that the miscellaneous petition be accepted and the direction given to the police by the trial Court's impugned order for re investigating the F.I.R. be quashed.

(3.) Learned Public Prosecutor and the learned counsel appearing for the complainant respondent No. 2 vehemently opposed the submissions advanced by the learned counsel for the petitioner.