RAJBIR SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Petitioner Rajbir Singh son of Jagdev Singh, resident of village Pholdiwal, District Jalandhar has filed the present petition under Section 482 Cr.PC for quashing FIR No.337 dated 20.11.2013 under Sections 447, 427 and 511 read with Section 34 IPC registered at Police Station Sadar, Jalandhar City and all further proceedings including order dated 20.12.2014 (Annexure P-3) passed by learned Additional Chief Judicial Magistrate, Jalandhar.

(2.) Vide order dated 20.12.2014 (Annexure P-3), learned Magistrate on perusing the cancellation report, has ordered reinvestigation into the matter and returned the cancellation report with a direction to reinvestigate the matter.

(3.) Learned counsel for the petitioner states that the impugned order passed by learned Magistrate is a cryptic and mechanical order and does not meet the parameters of law laid down by Hon'ble Supreme Court in the case of Vinay Tyagi Versus Irshad Ali @ Deepak and others, 2013 2 RCR(Cri) 197. While drawing attention of this Court to para Nos.30 and 31 of said judgment, learned counsel for the petitioner states that the power of Magistrate to direct further investigation is a significant power which has to be exercised sparingly, in exceptional cases and to achieve the ends of justice. The Magistrate has no power to direct reinvestigation in any case and as such, the observations made by learned Magistrate in the impugned order are beyond his purview.