K.N.Ojha, J. - (1.) Heard learned Counsel for the petitioner.
(2.) I have gone through the impugned order dated 5.10.2002 passed by learned Additional Chief Judicial Magistrate, Court No. 9, Allahabad in Criminal Miscellaneous Case No. 48/12/2002 Girdhari Lal v. R.R. Singh and others dated 25.7.2003 passed by learned Additional Sessions Judge, Fast Track Court (Court No. 23), Allahabad in Criminal Revision No. 945/2002 Girdhari Lal v. R.R. Singh and others papers.
(3.) In the instant case, it is the plea of the petitioner that R.R. Singh is Investigating Officer who was required to make investigation under sections 342, 323, 325, 392, 427 and 504, I.P.C., District, Allahabad. He made investigation and submitted final report. After hearing the complainant, the learned Judicial Magistrate directed to make further investigation in the case. Again, final report was submitted by R.R. Singh, Investigating Officer and the statement of material witnesses was not recorded under section 310, Cr. P.C. Therefore, an application was moved that he be prosecuted under section 195, I.P.C. Section 340 of Criminal Procedure Code contemplates that- "Procedure in cases mentioned in Section 195.-(1) When, upon an application made to it in this behalf or otherwise, any Court is of opinion that it is expedient in-the interests of justice that an inquiry should be made into any offence referred to in Clause (b) of sub-section (1) of section 195, which appears to have been committed in or in relation to a proceeding in that Court or, as the case may be, in respect of a document produced or given in evidence in a proceeding in that Court, such Court may after such preliminary inquiry, if any, as it thinks necessary : (a) record a finding to that effect; (b) make a complaint thereof in writing; (c) send it to a Magistrate of the first class having jurisdiction; (d) take sufficient security for the appearance of the accused before such Magistrate, or if the alleged offence is non-bailable and the Court thinks it necessary so to do, send the accused in custody to such Magistrate; and (e) bind over any person to appear and give evidence before such Magistrate.";