N.L.Tibrewal, J. - (1.) This petition under section 482 Cr. P.C. is directed against the order dated February 26, 1991 of Munsiff and Judicial Magistrate, Sirohi. The question involved in the matter is very simple as to whether the Magistrate can direct to the investigating agency to get the statement of the witnesses recorded under section 164 Cr.P.C.
(2.) In brief, the facts of the case are that a complaint was filed by the non-petitioner Dayalal in the court of Judicial Magistrate, Sirohi against the accused petitioners under sections 147 and 323 IPC which was forwarded to the police under section 156(3) Cr.P.C. As per the complaint, the prosecution case is that there is a common garage belonging to the complainant and the accused persons situated at Sirohi near police station. On 16-10-1990, the accused persons threw away the parts of the scooter belonging to the complainant and the accused-Pratap caught the neck of the complainant and pressed it and also inflicted a blow on his head with the silencer of the scooter.
(3.) The police investigated the matter and recorded the statement of the witnesses. Thereafter, the police came to the conclusion that no case was made out against the accused persons, as such, a negative report was submitted before the learned Magistrate. However, the learned Magistrate, by impugned order declined to accept the final report and directed the S.H.O to make further investigation in the case with a further direction that the statement of all the witnesses by the complainant be got recorded by a Magistrate under Section 164 Cr.P.C. and on the basis of the statement recorded by the Magistrate the result of the investigation should be brought before the court. This order of the learned Magistrate is under challenge.;