AMARESH KU.SINGH,J. - (1.) HEARD the learned counsel for the petitioner and the learned Public Prosecutor.
(2.) THIS petition under Section 484 Cr.P.C. is directed against the order dated 11th June, 1997 passed by learned Civil Judge (Junior Division)-cum- Judicial Magistrate No. 3, Jodhpur, whereby the learned Judicial Magistrate rejected the application dated 7th April, 1997 submitted by the accused petitioner praying that further investigation started by the police in C.R. No. 190/92 be stopped. The learned counsel for the petitioner has submitted that the First Information Report No. 190/92 was registered at Police Station, Udai Mandir, Jodhpur on 9th May, 1992. The offences alleged in the First Information Report were punishable under Sections 420, 379, 440 and 120-B of the Indian Penal Code and after investigation a final report was submitted on 2nd July, 1992. Further investigation was conducted by a Special Branch of the office of Superintendent of Police and a final report was submitted in which it was mentioned that the case was of a civil nature. The final report No. 94/92 was accepted by the learned Judicial Magistrate on 28th August, 1994. The learned counsel for the petitioner has further submitted that after the acceptance of the final report by the learned Judicial Magistrate on 28th October, 1994, the police has started further investigation in the case without any legal authority and justification. Therefore, the petitioner moved an application before the learned Judicial Magistrate praying that the investigation may be stopped. But, the application moved by the petitioner was rejected by the learned Judicial Magistrate vide order dated 11th June, 1997.
(3.) THE learned Public Prosecutor has not disputed this fact that police has started further investigation. The submission made by the learned Public Prosecutor is that the officer incharge of the Police Station is empowered under sub-section (8) of Section 173 of the Criminal Procedure Code to conduct further investigation in the case. It has also submitted by him that further investigation is being conducted since 16th January, 1996 and the application dated 7th April, 1997 was moved by the petitioner before the learned Judicial Magistrate after considerable delay. The learned Public Prosecutor has supported the order dated 11th June, 1997 passed by the learned Civil Judge (Junior Division)-cum-Judicial Magistrate No. 3, Jodhur.;