Punjab Small Industries and Export Corporation Ltd. vs Subhash Chander Garg

Harbans Singh Rai, J.

The petitioner Punjab Small Industries and Export Corporation Ltd. had applied to the Judicial Magistrate 1st Class, Chandigarh, for ordering further investigation under Section 156(3) of the Criminal Procedure Code as subsequent to the presentation of the challan it was revealed and found by Civil Courts that Subhash Chander Garg respondent is involved in certain embezzlements. The learned Magistrate vide his order dated January 2, 1988 declined to order fresh investigation mainly on the plea that he had no jurisdiction.

I have heard the learned Counsel for the parties. Mr. R.S. Ghai has cited Devarapali Lakshminarayana Reddy and others v. Narayana Reddy and others, 1976 Supreme Court Cases (Cri.) 380. The Apex Court held in that case that once the cognizance has been taken by the Magistrate, he cannot proceed under Section 156(3) of the Criminal Procedure Code. In view of the law laid down by the Hon''ble Supreme Court, this petition cannot succeed but as the embezzlement of lacs of rupees is involved and there are serious allegations against respondent Subhash Chander Garg, the investigating agency, if approached by the petitioner, may look into the matter, and proceed according to law. The petition stands disposed of accordingly.