DINESH SONI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant misc. petition under Sec. 482 Cr.P.C. has been filed by the petitioners against the order dtd. 21/3/2023 passed by the learned Metropolitan Magistrate No. 1, Jodhpur Metropolitan in FR No. 19/2022 arising out of FIR No. 54/2021, Police Station Khanda Falsa, District Jodhpur, by which the learned Judge has issued direction to the Investigating Officer to investigate the matter in a particular manner while exercising power under Sec. 173(8) Cr.P.C.

(2.) Learned counsel for the petitioners submits that the trial Court has directed the Investigating Officer to investigate the matter on nine points mentioned in the order and to submit its report. Counsel submits that this approach of the learned trial Court is not in accordance with the powers of learned Magistrate under Sec. 173(8) Cr.P.C. because while passing the order for further investigation, the Magistrate is not empowered to direct the Investigating Officer to investigate the matter in a particular way, therefore, the order dtd. 21/3/2023 may kindly be quashed and set aside.

(3.) Learned Public Prosecutor vehemently opposed the prayer of the learned counsel for the petitioners for quashing of the impugned order and contended that as per Sec. 173(8) Cr.P.C. there is power left with the trial Court to send the case back for re-investigation, so also, if any particular query is to be made, it is within his domain to pass such an order u/Sec. 173(8) Cr.P.C. for re-investigation of the matter, if police has filed final negative report.