HEERA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition has been moved under Section for quashing order dated 6th May, 1988 passed by the Munsif and Judicial Magistrate, Nawalgarh.

(2.) The brief facts are that an incident occurred on 15th March, 1987 in which Netram died as a result of the injuries alleged to have been inflicted by the petitioner and two others namely Jagdish and Ishwar. A case was registered under Section 302 of the Indian Penal Code and other offences and after investigation, challan against all the accused was filed under Section 299 of the Criminal Procedure Code upon this. The learned Magistrate took cognizance 31-10-1987 and issued standing warrants of arrest, and proceedings were taken under Sections 82 and 83 of the Criminal Procedure Code. Subsequently, the matter was investigated again by the C.I.D. and after this investigation, ,a challan was filed against accused Jagdish and Ishwar Ram only and these persons were arrested. At the same time, it was reported in the second challan that the petitioners were not implicated in the case and the proceedings against them should be dropped. This prayer of the prosecution was not accepted and the learned Magistrate dismissed the application for canceling the warrants of the petitioners and ordered that fresh warrants of arrest be issued. The petitioners have come up against this order. Their contention is that the matter can be investigated further by the police under Section 173(8) of the Criminal Procedure Code even without the directions of the Magistrate as it is the duty of the police to place all the facts which have come before it, before the Magistrate whether they point towards the guilt of accused or their innocence. Placing reliance on this argument it is contanded that when the police has found that no case has been made out for taking cognizance against them, then the illegal order taking cognizance should be quashed.

(3.) The learned Counsel for the complainant has contended that cognizance against petitioners has already been taken on 3 1-10-1987 when the earlier challan was filed and the police have no right to investigate the matter again without the permission Magistrate once a report had been submitted before the Court.