SHANTI DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the instant criminal misc. petition under Section 482 Cr.P.C., the petitioner has challenged the order dated 25.5.2005 passed by Additional Sessions Judge, (Fast Track) No. 1, Bhilwara (for short 'the revisional court' hereinafter) in Criminal Revision No. 42/05, whereby the revision petition filed by the petitioner against the order dated 04.4.2005 passed by Additional Chief Judicial Magistrate, Bhilwara (for short 'the trial court' hereinafter), accepting the final report No. 254/2004 arising out of Crime Report No. 646/2004, was dismissed. Aggrieved by the orders impugned, the petitioner has filed the instant criminal misc. petition.

(2.) I have heard learned Counsel for the petitioner and the public prosecutor for the State. It is contended by the counsel for the petitioner that the trial court as well as the revisional court fell in error in not directing further investigation as envisaged under Sub-Section (8) of Section 179 Cr.P.C. after filing the negative final report and in accepting the same. Learned Counsel has relied on a decision of Allahabad High Court in Narendra Kumar Agarwal v. State of U.P. 2003 Cri.L.J., 1092.

(3.) I have carefully gone through the orders of the trial court and the revisional court as also record of the courts below. On 25.10.2004, a complainant was filed by the complainant before the trial court which was sent for investigation to the police under Section 156(3) Cr.P.C. After thorough investigation, police filed a negative final report. The allegation of the petitioner complainant is that the accused made in the FIR namely Amit Derashri was admitted to the hospital at 12.00 Noon but the record of the hospital was forged and fabricated by one Om Prakash Compounder showing his admission at 11.30 A.M. on 15.7.2004 and on the basis of forged documents and plea of alibi, in a case instituted by the complainant, accused Amit Derashri was granted anticipatory bail under Section 438 Cr.P.C.