A.S. Godara, J. - (1.) This Criminal Misc. Petition is directed against the order dated 22.4.98 passed by the Civil Judge (JD)-cum-Judicial Magistrate, First Class, Pali in Criminal Case No. 316/98 whereby he has directed further investigation by the police.
(2.) Briefly stated, the facts giving rise to the present petition are that the respondent Mangi Lal lodged a report with the Police Station, Kotwali, Pali on 19.5.90 alleging inter alia that he along with his family members including his father Girdhari Lal were living in Janta Colony of Pali. On the previous night, they were sleeping on the roof of their house. It was at about 1.30 A.M. in the night that some body knocked the door of their house and called for opening the door on which his father Girdhari Lal went and opened the door of his house. No sooner the doors were opened, three persons, being armed with lathis, forcibly entered the house and started assaulting his father with lathis. His wife started shouting and, as a result, the first informant also got awakened and came down the up stairs and saw that three persons, out of whom two were wearing 'dhotis' while the third one was wearing pant, ran out of the house leaving his father after closing the door from out side. It was also alleged that their neighbour Ogar Ram Ghanchi was inimical to his family and Ogar Ram's wife had previously threatened to keep Girdhari Lal under surveillance. On this report, an FIR under Section 458 and 307/34, I.P.C. was registered and investigation commenced. Due to death of Girdhari Lal, offence punishable under Section 302,1.P.C. was added.
(3.) After completion of investigation, a final report was submitted wherein it was reported that even after interrogation of Mangi Lal first informant and his wife it could not be established that Ogar Ram and Bhaga Ram were the authors of the alleged crime and that real offenders remained untraced and hence final report closing the case was submitted before the learned Magistrate for acceptance. Being aggrieved, Mangi Lal filed a protest petition before the learned Magistrate and, treating the same as a complaint, the learned Magistrate proceeded to examine Mangi Lal as complainant as well as his wife Smt. Shanti Devi in support of the allegations of the complaint. Subsequently, on the basis of statements of the aforesaid witnesses, the learned Magistrate, vide his impugned order, observed that after consideration of statements of aforesaid witnesses and the investigation record, looking to the gravity and nature of the offences, it appeared that investigation was not conducted and completed in its right perspective and correctly and hence, further holding that since the real offenders remained untraced and only because the case was quite old one, that could by itself be hardly a valid ground for filing of final report with an intent to close the case and, therefore, S.P., Pali was directed, while forwarding copy of the order along with statements of Mangi Lal and his wife Smt. Shanti Devi, that the further investigation be carried out and be finalised early and so, being aggrieved, the petitioner has moved this petition.;