Gopal Krishan Vyas, J. - (1.) IN this petition filed by the Petitioners under Section 482, Cr.P.C., it is prayed that impugned order dated 30.08.2010 passed by Addl. Chief Judl. Magistrate, Sojat City on FR No. 20/10 arising out of FIR No. 28/2010 of Police Station Sojat Road may be quashed.
(2.) AS per facts of the case, Respondent No. 2 filed a complaint in the Court of Addl. Chief Judl. Magistrate, Sojat City against as many as 15 persons including the present Petitioners for allegedly committing offences under Sections 420, 463, 464, 465, 468, 471 and 120B, I.P.C. Said complaint was transmitted to the Police Station Sojat Road for registration of first information report, upon which, FIR No. 28/2010 was registered. In this FIR registered against inter alia the Petitioners, investigation was commenced and, after investigation, the police filed negative report. After filing FR, Respondent No. 2 filed an application under Section 173 (8), Code of Criminal Procedure before the learned Addl. Chief Judl. Magistrate, Sojat City and raised so many grounds for re -investigation in the matter. Learned Magistrate vide order dated 30.08.2010 declined to accept the FR filed by the police and sent the matter back for re -investigation to the police with a direction to get examined the alleged documents mentioned in the FIR from the FSL and, on the basis of FSL report, the police was directed to submit report afresh. Being aggrieved and dissatisfied with the said order, the Petitioners have preferred this petition under Section 482, Code of Criminal Procedure
(3.) LEARNED Counsel for the Petitioner, at the first instance, argued that no prima facie case was found in the investigation against the Petitioners but, on account of order passed by the learned Magistrate the police are going to make investigation in the matter in accordance with the order passed by the Magistrate. Learned Counsel for the Petitioners invited attention of the Court towards Section 178 (3), Code of Criminal Procedure and submits that Magistrate himself has no jurisdiction to entertain such application filed by the complainant and direct for reinvestigation. Further, it is pointed out that upon perusal of the impugned order, it is revealed that allegations are vague and police filed FR after thorough investigation but the Magistrate has illegally found it necessary to get reinvestigation in the matter. Further, he has gone to the extent of directing the investigating officer to conduct investigation in a particular manner which is not permissible under the law.;