Kailash Chandra Joshi, J. - (1.) The question involved in this SB Criminal Misc. Petition is regarding the jurisdiction of the Magistrate to direct re-investigation of a case from time to time as laid down under sub-sec.(8) of Section 173 Cr.P.C. It arises out of an order passed by the learned Chief Judicial Magistrate , Dungarpur dated 04.04.2011 by which the Chief Judicial Magistrate , while disagreeing with the findings of the final report of the Station House Officer, Police Station Kotwali, Dungarpur ordered to re-investigate the case.
(2.) The brief facts of the case are that complainant Smt.Meenakshi filed a complaint before the Chief Judicial Magistrate, Dungarpur on 01.09.2010 alleging that present petitioner Shanker Lal Patel persuaded her to take diverse from her earlier husband and then after taking diverse from her earlier husband he compelled her to marry him at the Mahadev Temple, Nathdwara and he took various photographs of the marriage and prepared some documents. After living with her for some time Shanker Lal went to Kuwait and after returning from Kuwait he started to give threatening to her on telephone also and also by publishing the photographs and pressurised her to act as prostitute. Thereupon the complainant filed a complaint in the court of Chief Judicial Magistrate, Dungarpur, who in turn forwarded the same under section 156(3) Cr.P.C. for investigation and registering the case. Thereupon FIR No.211/2010 was registered and the investigation commenced. After the investigation , police submitted the final report on the ground of compromise between the parties.
(3.) The learned trial court, after perusal of the first information report , passed the impugned order dated 04.04.2011 and being aggrieved by this order, the present petitioner has filed this SB Criminal Misc . Petition.;