SHIV SHANKER MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard Counsel for the parties.

(2.) The Central Bureau, after investigation in FIR No. 33/96, submitted charge-sheet on 20.12.1996 and the Trial Court, on the basis of evidence and material placed before it, took cognizance on 3.4.1997 and posted the case for arguments on charge. The learned Trial Court vide its order dated 20.3.2004 impugned in this petition sent back the matter for further investigation and dropped the proceedings against the accused petitioner and two others on the ground of inconsistencies in conclusion in the investigation carried out in FIR Nos. 34/96, 33/ 96 which resulted in submission of final report in FIR No. 34/96 and charge-sheet in FIR No. 33 /96.

(3.) While passing the impugned order, the learned trial Judge was of the view that the Court can order for further investigation even after the cognizance is taken. In taking this view, the learned Judge relied upon a decision of the Kerala High Court in Aravindakshan and Another v. State of Kerala and Another, 1985 Crl.L.J. 1389, and that of a decision of the Apex Court in Ram Lal Narang v. State (Delhi Administration), AIR 1979 Supreme Court 1791.