HASSAN KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard. Perused the impugned order dated 28-7-1992 passed by the learned Munsif and Judicial Magistrate, Tijara, whereby on an application submitted by the SHO, Police Station Bhiwadi through the Additional Public Prosecutor, the learned Magistrate ordered for sending back the final report to the Investigation Officer for further investigation.

(2.) It appears that on the criminal complaint filed by Kamru, hich was sent under Section 156(3), Cr. P.C. by the learned Magistrate, Crime No. 14/91 was registered at Police Station Tijara, for the offences under Sections 419, 420, 467, 468 and 471, IPC against the accused petitioner. However, the police after investigation submitted Final Report on 29th June, 1991. The learned Magistrate issued notices to the complainant and many opportunities were sought on behalf of the complainant for filing the protest petition as such no final order was passed on the Final Report. It further appears that, thereafter the Superintendent of Police, Alwar directed the SHO, police Station, Tijara to conduct further investigation in the case, whereupon the SHO through the Additional public prosecutor submitted an application dated 28-7-1992, which was allowed and the learned Magistrate returned the final report with case diary and passed the impugned order.

(3.) The contention of Shri. Mathur, is that once the SHO after investigation submitted his final report; the learned Magistrate ought to have passed either accepting the Final Report or taking cognizance of the offence, but on the other hand the matter remained undisposed of for a period of more than one year and now the impugned order for sending back the case diary to the Investigation Officer would result in unnecessary harassment to the accused-petitioner, which is tantamount to abuse of process of the Court and as such, the impugned order be quashed and the SHO be directed not to reinvestigate or further investigate the matter.