- (1.) The Petitioner Rajesh Kumar Sinha @ Udal Jee @, Shailesh Jee has: invoked the inherent jurisdiction of this Court under Section 482 Code of Criminal Procedure for quashment of the order dated 14.2.2011 passed by (he Judicial Commissioner, Ranchi in Cr. Rev No. 154 of 2010 by which dismissing the revision and upholding the order dated 9.11.2010 passed by the Chief Judicial Magistrate I/C Ranchi wherein the petition filed on behalf of the Petitioner under Section 167(2) of Code of Criminal Procedure for his bail was rejected.
(2.) The. Petitioner was remanded on 5.8.2010 in connection with Lalpur P.S. Case No. 161 of 2010 corresponding to G.R. No. 3331 of 2010 registered for the alleged offence under Sections 25(1-b) a, 26 of the Arms Act Section 121 of Indian Penal Code, Sections 10, 13(1)(a)(b) of Unlawful Activities.. (Prevention) Act, 1967 and under Section 17 of CLA Act. The police after investigation of the ease submitted charg sheet, on 1.10.2011 only for the offence under Section 25(1-b) a,26 of the Arms Act showing investigation pending in other offences alleged against the Petitioner. It is stated that the Petitioner moved an application before the court of CJM Ranchi under Section 167(2) Code of Criminal Procedure for his release on bail which was finally heard by the CJM I/C Ranchi who vide order dated 9.11.2010 rejected the petition. The Petitioner then moved before the Judicial Commissioner, Ranchi in Cr. Rev. No. 154 of 2010 against the order dated 9.11.2010 which was dismissed by the order dated 14.2.2011.
(3.) The main thrust in this petition was that chargesheet submitted under Section 173. Code of Criminal Procedure against the Petitioner was only for the alleged offence under the Arms Act showing investigation pending for the other offences alleged against the Petitioner and in that manner the investigation was not shown to be complete on ail the material particulars as per requirement under Section 173 Code of Criminal Procedure and that interim chargesheet was fled to frustrate the right of bail of the Petitioner after his detention in custody beyond 60 days. Assailing the order impugned recorded by the CJM I/C Ranchi on 9.11.2010 as also order impugned recorded by the Judicial Commissioner, Ranchi on 14.2.2011 the Learned Counsel submitted that both the courts below failed to appreciate that as per provisions under Section 173(2), final report is to be submitted after completion of investigation of the case and not the offence, and therefore, any report without complete investigation of the case could not be construed as a final report in terms of the aforesaid provision of law. Provisions of Section 167(2) Code of Criminal Procedure was introduced by way of amendment in the year 1973 in order to protect the right of personal liberty of a person or persons guaranteed under Article 21 of the Constitution of India the courts below failed to appreciate that provision of Section 173(8) Code of Criminal Procedure was quite different which provided power to the Investigating Agency for further investigation of the case and not of the offence, but in the instant case, apparently, investigation of the case was not shown to be completed. I find from perusal of the order impugned passed by the learned Judicial Commissioner in Cr. Rev. No. 154 of 2010. on. 14.2.2011 against the order impugned dated 9.11.2010 wherein it was discussed that there was no bar of further investigation of the case under Section 173(8) Code of Criminal Procedure and the learned Judicial Commissioner relied on the decision MITHABHAI PASHABHAI PATEL v. STATE OF GUJARAT, 2009 6 SCC 332. The Apex Court held therein: Even after submission of the police report under Section 173(2) on completion of investigation, the police has right to further investigation under Section 173(8) Code of Criminal Procedure but not fresh investigation or re-investigation. Further, law does not mandate taking prior permission from the Magistrate for further investigation and carrying out further investigation even after filing of the chargesheet which is a statutory right of the police.;