Court No. - 46
Case :- APPLICATION U/S 482 No. - 1071 of 2019 Applicant :- Kanhaiya Prasad Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Lal Behari Yadav Counsel for Opposite Party :- G.A.
Hon'ble Naheed Ara Moonis,J.
Heard learned counsel for the applicant, the learned AGA for the State and perused the record.
By means of the present application under Section 482 Cr.P.C. the applicant has invoked inherent jurisdiction of this Court with a prayer to direct the opposite party no.2, Station House Officer, P.S. Ghosi, District Mau to comply with the order dated 22.6.2017 passed by the learned Chief Judicial Magistrate, Mau in Case Crime No.470 of 2015, Kanhaiya Vs. Ram Bhawan and another, under Sections 419,420,409 IPC, P.S. P.S. Ghosi, District Mau.
It is submitted by the learned counsel for the applicant that an FIR was lodged by the applicant against the accused opposite party nos.3 & 4, under Sections 419,420,409 IPC which was registered as Case Crime No.470 of 2015 at police station Ghosi, District Mau. After investigation. The opposite party nos.3 & 4 are involved in fraud who have misappropriated the government firmed of MANREGA causing heavy loss to State Exchequer. The concerned police had submitted the final report in favour of the opposite party nos.3 & 4 which was challenged by the applicant before the learned Magistrate and after considering the case of the applicant in its entirety quashed the final report submitted by the concerned police and directed to further investigate the case and to submit further report vide order dated 22.6.2017. The opposite party nos.3 & 4 are involved in serious crime, yet the opposite party no.2 was instrumental in getting the final report pursuant to the FIR lodged by the applicant. Under the influence of the opposite party nos.3 & 4, the opposite party no.2 has not complied with the order passed by the court below on 22.6.2017 which is a flagrant disregard of the order passed by the court below.
It is further submitted that the opposite party nos.3 & 4 are extending threat to life and liberty of the applicant, hence the opposite party no.2 may be directed to comply with the order dated 22.6.2017 passed by the learned Chief Judicial Magistrate, Mau and conclude the further investigation to its logical end.
From the perusal of the order dated 22.6.2017 passed by the Chief Judicial Magistrate, Mau directing the concerned investigating officer to further investigate the case while rejecting the final report. The applicant has approached the Court invoking inherent powers of the Court. The Hon'ble Apex Court has taken a good care in the cases of arbitrary exercise of power by the police.
It has been held by the Supreme Court in the case of State of Bihar and another vs. J.A.C. Saldanha and others reported in 1980 AIR 326; as follows:
"The power of the Magistrate under Section 156 ( 3 ) to direct further investigation is clearly an independent power and does not stand in conflict with the power of the State Government as spelt out hereinbefore. The power conferred upon the Magistrate under Section 156 ( 3 ) can be exercised by the Magistrate even after submission of a report by the investigating officer which would mean that it would be open to the Magistrate not to accept the conclusion of the investigating officer and direct further investigation. This provision does not in any way affect the power of the investigating officer to further investigate the case even after submission of the report as provided in Section 156 ( 3 ).
The Supreme Court has spelt out the same law earlier also in the case of Abhinandan Jha Vs. Dinesh Mishra reported in AIR 1968 SC 117; in the following terms:-
But there may be instances when the Magistrate may take the view, on a consideration of the final report, that the opinion formed by the police is not based on a full and complete investigation, in which case in our opinion the Magistrate will have ample jurisdiction to give directions to the police, under Section 156 ( 3 ), to make a further investigation."
Having regard to the facts and circumstances of the case, the opposite party no.2 is directed to further investigate the case in compliance of the order dated 22.6.2017 passed by the learned Chief Judicial Magistrate, Mau and to submit further report before the court concerned within two months from the date of production of a certified copy of this order.
With the above observations, the application is finally disposed of.
Order Date :- 29.1.2019 M. Tariq