BACHUBHAI BHIKHABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner-original accused has filed this petition dated 16/09/1982 with a prayer that the order dated 28/09/1981 passed in Criminal Case No. 602 of 1981 directing the police to make further investigation be quashed and that the proceedings of the Criminal Case No. 910 of 1982 started in pursuance of the further investigation also be quashed.

(2.) One Induprasad Mangaldas Kachia had lodged a complaint in respect of one pump having been stolen from his field before the Dholka police. The police investigated the offence and charge-sheeted the petitioner for an offence under sec. 379 I.P.C. It appears that the learned Magistrate took cognizance and registered the case as Criminal Case No. 602 of 1981. It also appears that plea of the accused was recorded. On 4/09/1981 the complainant submitted an application to the learned Magistrate pointing out that the police had not made a complete and proper investigation; that the pump was a very heavy and bulky article and it could not have been removed single handed and there might be other persons involved in the crime and it may have been transported in a vehicle and may have been sold and all the other persons involved in the case are required to be traced by proper police investigation and therefore the complainant requested the learned Magistrate to direct the police for further investigation. The application was fixed for hearing and after hearing the learned Magistrate passed an order on 28/09/1981 and observed that reading the report of the investigating officer it appeared that there was scope for further investigation in the case so that other facts can be brought out and therefore in the interest of justice the trial court directed further investigation by the police and the charge-sheet was returned with direction to submit a report of investigation. Against this order the accused did not take any proceedings.

(3.) Thereafter the police investigated further and made a report to the court and in that report no new facts or new accused are indicated and the learned Magistrate has registered the criminal case under a new number being Criminal Case No. 910 of 1982. In this case the petitioner gave an application to discharge him and pleaded double jeopardy. The learned Magistrate rejected that application by his order dated 18/08/1982. Being aggrieved thereby the petitioner has challenged that order also in the present Misc. Criminal Application.