HANUMAN SINGH Vs. STATE

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner and the learned Public Prosecutor.

(2.) THIS petition under Section 484 Cr.P.C. is directed against the order dated 11th June, 1997 passed by learned Civil Judge (Junior Division)-cum- Judicial Magistrate No. 3, Jodhpur, whereby the learned Judicial Magistrate rejected the application dated 7th April, 1997 submitted by the accused petitioner praying that further investigation started by the police in C.R. No. 190/92 be stopped.

(3.) THE learned Public Prosecutor has not disputed this fact that police has started further investigation. The submission made by the learned Public Prosecutor is that the officer incharge of the Police Station is empowered under sub-section (8) of Section 173 of the Criminal Procedure Code to conduct further investigation in the case. It has also submitted by him that further investigation is being conducted since 16th January, 1996 and the application dated 7th April, 1997 was moved by the petitioner before the learned Judicial Magistrate after considerable delay. The learned Public Prosecutor has supported the order dated 11th June, 1997 passed by the learned Civil Judge (Junior Division)-cum-Judicial Magistrate No. 3, Jodhur.