Rajasthan High Court - Jodhpur
Jabar Singh vs State on 5 December, 2017
Author: Sandeep Mehta
Bench: Sandeep Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 3846 / 2016
Jabar Singh S/o late Shri Pep Singh, aged 61 years, Dhadhal
Rathore Rajput, resident of Village Keru, Tehsil and District
Jodhpur
----Petitioner
Versus
State of Rajasthan through Public Prosecutor
----Respondent
_____________________________________________________
For Petitioner(s) : Mr. B.K. Mehar
For Respondent(s) : Mr. K.K. Rawal, P.P.
_____________________________________________________
HON'BLE MR. JUSTICE SANDEEP MEHTA
Order 05/12/2017 By way of this petition under Section 482 CrPC, the petitioner complainant has approached this court for challenging the order dated 11.11.2016 passed by learned Judicial Magistrate No.6, Jodhpur Metropolitan, by which learned Magistrate directed that an enquiry be conducted of the petitioner complainant under Section 202 of the CrPC.
Learned counsel for the petitioner Mr. Mehar has placed reliance on this court's judgment in the case of Bhushan Prakash @ Prasad Vs. State of Rajasthan & Ors. reported in 2007 (1) Cr.L.R. (Raj.) 7 and urged that the Magistrate cannot send the case for investigation under Section 156 (3) of the CrPC once enquiry has been initiated under Section 200 of the CrPC.
Suffice to say that the ratio of the said judgment has no application to the case at hand because in the present matter, (2 of 2) [CRLMP-3846/2016] the Magistrate has simply directed that investigation be conducted under Section 202 CrPC, whereas in Bhushan Prakash's case, the matter was sent to the police under Section 156 (3) of the CrPC after initiating enquiry under Section 200 of the CrPC. Thus, this court is of the firm opinion that in view of the clear language of Section 202 (1) (b) of the CrPC, the Magistrate was vested with the discretion to direct investigation/enquiry under Section 202 CrPC to be conducted by a senior police officer. I find no illegality or irregularity in the impugned order so as to interfere therein. Hence, the instant miscellaneous petition is dismissed being devoid of merit.
(SANDEEP MEHTA),J.
Pramod