K. Narain, J. - (1.) The applicant has approached .'this court under Section 482 Criminal Procedure Code, with a prayer that the proceedings by way of enquiry pending before Munsif Magistrate IIIrd, Varanasi in case No. 704 of 1981 under Section 395/397 P.S. Dhanpur be quashed.
(2.) After, hearing learned counsel for the applicant opposite party and AGA, it can be safely said that the matter stands concluded by the law laid down, though in different form, in the decision in the case of Ram Lal v. State 1989 (26) ACC 181.
(3.) The learned counsel for the applicant has challenged that the proceedings are based on certain wrong allegations to the effect that the matter was investigated by one S.P. Tewari and he came to the conclusion that on the no case was made out. Subsequently there was some more order for transfer of investigation and ultimately on 21.10.81 Shri R.B. Singh, Sub-inspector has submitted the charge-sheet. It was contended that before the submission of charge-sheet, there was an order of transfer of investigation from Shri S.P. Tewari to some other officer and then again it was recalled by order dated 1.10.81 rendered by S.S.P. Varanasi. Of course the entire facts in this behalf have neither been given in full by the learned counsel for the applicant nor clearly appear to be narrated in the supplementary affidavit. In any event, these facts have been challenged and denied in the affidavit filed by Shri R.B. Srivastava, Sub-inspector of police. Be it whatever it may, the main factor in the case remains that the High Court is not concerned about the investigation of the case and the authority of the High Court Under section 482 Criminal Procedure Code commences actually when the matter has come to the court.;