Khushi Ram vs State of Haryana

G.S. Chahal, J.—Khushi Ram and another seek quashing of the order of the Additional Chief Judicial Magistrate, Narnaul, dated 31st March 1989, contained in Annexure P3.

The facts, briefly stated, are that case FIR No. 117 dated 4th November, 1987 for an offence under Section 436 IPC was registered at Police Station Ateli, District Mohindergarh, on the statement of Prabhu Dayal. After investigation, the police put in a report of discharge dated 1.6.1988. The Additional Chief Judicial Magistrate was however, not satisfied with the report and issued direction for further investigation. The police still submitted a report of discharge dated 16th January, 1989, Annexure P2. The learned Additional Chief Judicial Magistrate was, however, still not satisfied and sent back the record for further investigation. While recording this order, the Magistrate felt that his previous orders had not been complied with and directed that further investigation be carried out. The Magistrate had acted, by relying upon the observations of their Lordships of the Supreme Court in Abinandan Jha v. Dinesh Mishra, AIR 1961 Supreme Court 117.

In view of the observations made in the above quoted authority no legal infirmity can be found in the order passed by the Additional Chief Judicial Magistrate. He has acted within his powers as he has felt that there was scope for further investigation. I find no merit in the petition. The same is dismissed.