BHAGWATI PRASAD Vs. STATE OF RAJASTHAN AND ANOTHER

JUDGEMENT

(1.) This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner against the order dated 12.07.2013 passed by the Additional Sessions Judge No.1, Jodhpur Metropolitan (for short 'the revisional court' hereinafter) in revision petition No.1/2013, whereby the revision petition filed by the petitioner against the order dated 28.02.2012 passed by Additional Chief Metropolitan Magistrate No.3, Jodhpur (for short 'the trial court' hereinafter) has been dismissed. The petitioner has also challenged the order dated 28.02.2012 passed by the trial court in C.R.No.367/2011 of Police Station Mahamandir, Jodhpur, whereby the Trial Court has directed the S.H.O., Police Station Mahamandir, Jodhpur to send the cheques for FSL and thereafter submit the result of the further investigation before it.

(2.) The learned counsel for the petitioner has argued that the trial court has no jurisdiction to direct the Investigating Officer to investigate the matter in a particular manner and such directions given by the trial court are without jurisdiction and, therefore, the same are liable to be quashed and set aside. The learned counsel for the petitioner has also argued that the revisional court has not taken into consideration this aspect of the matter and has illegally rejected the revision petition filed by the petitioner.

(3.) Per contra, learned Public Prosecutor has supported the impugned orders and argued that in the facts and circumstances of the case, the learned trial court as well as the revisional court have not committed any illegality in passing the impugned orders.