JASSU KHAN Vs. STATE OF RAJASTHAN AND ANR.

JUDGEMENT

(1.) By the instant Criminal Misc. Petition under section 482 Crimial P.C., the petitioner seeks quashing of order dated 16.3.2004 passed by Judicial Magistrate, Churu on a final report submitted by the police arising out of FIR No. 295 dated 15.8.2003 P.S. Kotwali, Churu, whereby the trial Court on a protest petition by complainant as also on a request of Superintendent of Police, Churu seeking permission for further investigation in the matter sent the matter for further investigation to the police.

(2.) It is contended by the learned counsel for the petitioner that once the police has filed a negative final report, then it is not open to the trial Court to direct for re-investigation. He has relied on a judgment of this Court in S.K. Kothari Vs. State of Rajasthan and Ann reported in 2004(1) Cr.L.R. (Raj.) 136 , wherein this Court held that investigation on the complaint filed by the second respondent is a gross abuse of process of Court. The investigation is at the instance of a person who has been found guilty of misappropriation of an amount of Rs. 2,00,000.00 by misusing the official position and has been terminated from the service. The allegation of with-holding of gratuity amount is a matter of calculation, in accordance with the provisions of law. Even on going through the allegation made in the FIR no offence under section 406 and 420 Indian Penal Code is made out. There is absolutely no material even prima facie, to array any of the officers of the Bank as accused. The learned Magistrate directing further investigation has failed to address himself to the crucial question as to whether the allegation in the complaint coupled with other materials on record justifies an investigation by the police. On these premises, the order directing further investigation was quashed.

(3.) It is relevant, to mention here that earlier, the petitioner filed a Criminal Misc. Petition under section 482 Code Criminal Procedure seeking quashing of very same FIR i.e. FIR No. 295 dated 15.8.2003 P.S. Kotwali, Churu, which was registered as Criminal Misc. Petition No. 305/04. This Court vide order dated 13.5.2004 after having considered the material on record, held that the question of quashing of FIR does not at all arise, and the petition being wholly misconceived was dismissed.