SIKANDER KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has preferred this misc. petition under Section 482 of Cr. P.C. being aggrieved and dis-satisfied of the order dated 15.9.2018 passed by learned court below ordering further investigation in the case and formulating certain points upon which further the investigation was ordered to be carried out on askance of the complainant.

(2.) Counsel for the petitioner made a limited prayer that further investigation can be ordered upon moving application under Section 173(8) of Cr. P.C., but looking into the judgment of Shariff Ahmed and Ors. Vs. State (NCT of Delhi) reported in 2009 14 SCC 184 a direction for further investigation in a particular manner cannot be passed. The purport of this precedent law is that the learned court taking cognizance may direct further investigation under Section 190 Cr. P.C., but the direction that investigation should happened in a particular manner/way was not held to be sustainable. The relevant portion of this judgment reads as under :-

(3.) Learned Public Prosecutor submits that the precedent law in the matter of Abhinave Jha and Ors. Vs. Dinesh Mishra reported in 1968 AIR 117, 1967 SCR (3) 668, lays down the broad parameters of power under Section 173 (8) of the Cr.P.C. and envisages that Investigating Officer shall make all necessary efforts for completing the investigation and take all necessary step for doing the same.