SULTAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This miscellaneous petition has been filed for quashing the F.I.R. No. 410/1991, Police Station Kotwali, Pali registered under Sections 409, 420, 471 and 467 I.P.C. against the petitioners on the complaint of R.L. Soni, Dy. Registrar, Co-operative Societies, Pali. The allegations against the accused-petitioners were that the forged signatures of Project Director (Monitoring) Co-operative Department, Rajasthan viz., Kanta Prasad Sharma were made by the present petitioners and they used it with regard to sanction of the salary etc. In this case, the police after investigation came to the conclusion that no case is made out against the accused-petitioners and submitted the Final Report on 30.9.1993. The Final Report was submitted on the basis of the FSL Report according to which the offence was not proved but on receiving the communication from the senior officer, in the Final Report itself, it has been observed that this Final Report is being given in the absence of accused. This is self contradictory finding of the Investigating Officer. That apart, this Final Report was presented in the Court and it was accepted by the ACJM, Pali vide his order dated 31.1.1994 and the case diary was returned. Learned counsel submits that on the same basis, now the police is re-investigating the matter and is going to arrest the accused-petitioners. Therefore, this petition under Section 482 Cr.P.C. has been filed.

(2.) This Court vide its order dated 7.8.2003 directed the respondents not to arrest the petitioners and not to submit the challan. Thereafter, no progress has been made. From the perusal of the order dated 31.1.1994, it appears that against this order, neither any protest petition was submitted nor the revision was filed against the impugned order. Once the Final Report is accepted the Court, then the police can re-investigate the case only by moving application before the appropriate Court and cannot directly open re-investigation. By opening to re-investigate on the closed F.I.R. without the order of the concerned Magistrate is nothing but abuse of the process of law.

(3.) Consequently, this miscellaneous petition is allowed. The F.I.R. No. 410/1991, Police Station Kotwali, Pali is quashed and set aside.