SANDEEP MEHTA,J. - (1.) The instant criminal misc. petition under Section 482 Cr.P.C. has been preferred by the petitioners herein for assailing the order dated 16.3.2019 passed by learned Addl Chief Judicial Magistrate, Sardarshahar District Churu in connection with FR No. 109/2018 submitted by the police after investigation of the FIR No. 339/2017 for offences under Sections 384, 385, 389, 420, 406, 506 and 120B I.P.C. The learned Magistrate directed that the matter shall be reopened and investigated further.
(2.) Brief facts relevant and essential for disposal of the instant criminal misc. petition are noted hereinbelow:- The FIR aforementioned came to be lodged in the year 2017. The matter was allegedly investigated thrice by the Rajasthan police as well as by CID (CB). The final round of investigation was undertaken by the Addl. Superintendent of Police, CID (CB) Range Bikaner who concluded that the case was cooked up and accordingly, a negative final report under Section 173 Cr.P.C. was submitted in the Court of learned ACJM, Sardarshahar on 31.8.2018. The complainant Maniram appeared before the Trial Court and sought opportunity to file a protest petition which came to be submitted in the Court on 11.12.2018. In the meantime, an application was filed by the Addl SP, CID (CB) Range Bikaner in the Trial Court requesting permission to reopen the final report and to conduct further investigation. The learned Magistrate, accepted the application by order dated 16.3.2019 and returned the case dairy to the I.O. for further investigation. The said order is assailed by the accused-petitioners through this misc. petition preferred under Section 482 Cr.P.C.
(3.) Shri G.R. Punia, learned Senior Advocate assisted by Shri Rajendra Prasad, Advocate, relied upon a circular dated 6.1.2019 issued by the Home Department, Government of Rajasthan whereby it has been stipulated that not more than three investigations shall be permitted in a matter. He urged that the impugned order amounts to gross abuse of process of law as the same has been passed without application of mind to the facts available on record and thus, the same deserves to be quashed.;