PANNEY SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) -This petition under Sec. 482 Cr. P. C. is directed against the order dated 12. 11. 1998 passed by the learned Additional Chief Judicial Magistrate, Balotra whereby, refusing to accept the Final Report, he ordered that the investigation be conducted by the C. I. D. (C. B. ).

(2.) MR. Hedau, learned counsel for the accused petitioner contended that the Magistrate had no power to direct the police for investigation by a particular agency. Relying on the case of Tula Ram vs. Kishore Singh (1), he urged that the Magistrate on perusal of Final Report could issue the process against the accused but he had no power to direct further investigation by a particular police agency.

(3.) IN the instant case, the Magistrate adopted the third course. It cannot be said that the Magistrate has committed any illegality when he directed re-investigation of the case. It is not material that the Magistrate had earlier also directed re-investigation. The Magistrate in exercise of power under Sec. 156 (3) Cr. P. C. may direct investigation more than once. Therefore, the impugned order cannot be set aside on the mere ground that the Magistrate had earlier also directed further inves-tigation by the Dy. S. P.