GHULAM MOHIUDDIN MIR Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) Through the medium of this petition under section 561-A of the Criminal Procedure Code, the petitioners seek quashing of the proceedings pending before Judicial Magistrate First Class, Tangmarg, and his order dated 1-4-1987 in the case titled State v. Mohammad Amin Khan and others.

(2.) It is not necessary to go into details of the facts of the case. Suffice it to say that a case. F.I.R. No. 29/85 was lodged in police station, Tangmarg on 2-7-1985. The police after investigation presented the Challan before the Judicial Magistrate First Class, Tangmarg. While the case was pending before the said court, an application came to be filed by the Prosecuting Officer praying inter alia, to re-investigation the case on the grounds contained in that application. Two of the main grounds mentioned therein were that the previous investigating officer had not effected the recoveries and that certain other important and salient facts having vital bearing on the case were not brought out. Reliance for these grounds was placed on the statement of a prosecution witness namely Mr. Baba. The learned Judicial Magistrate noticed the provisions of subsection (8) of section 173, Cr.P.C. and observed that the investigating agency had the right to conduct further investigation in respect of an offence, even after report under section (2) of Section 173, Cr.P.C. has been forwarded to the Magistrate. He observed that the investigating agency was at liberty to go in for further investigation at their option. It is this order which is sought to be quashed principally on the ground that there is no right with the police to further investigation the case after the court has taken cognizance and that Magistrate himself can alter the charge under section 227 of the Code of Criminal Procedure if the material so justifies.

(3.) No ground has, however, been urged in support of the prayer to quash the proceedings pending before the trial court in the challan. Therefore, it is only the challenge to the order dated 1-4-1987 which survives for consideration.