High Court Patna High Court

Satya Narayan Yadav vs State Of Bihar on 28 April, 2010

Patna High Court
Satya Narayan Yadav vs State Of Bihar on 28 April, 2010
Author: Shiva Kirti Singh
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                              Criminal Miscellaneous No.29486 of 1999
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In the matter of an application under section 482 of the Code of Criminal Procedure

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Satya Narayan Yadav, son of Bhairo Yadav, resident of village-Purainiya, P.S. – Darpa,
District East Champaran——————————————————(Petitioner)
Versus
The State Of Bihar———————————————————–(Opposite Party)

For the petitioner: Mr. Sandeep Kumar, Advocate
For the State: Lala Kailash Bihari Prasad, Sr. Advocate

——————-

PRESENT

THE HON’BLE MR. JUSTICE SHIVA KIRTI SINGH

Shiva Kirti Singh, J. Heard learned counsel for the petitioner and

learned counsel for the State.

2. The prayer made in this application under

section 482 of the Code of Criminal Procedure

(hereinafter referred to as Cr. P.C) is to quash the order

of learned Sub-divisional Judicial Magistrate, Raxaul,

Motihari in Raxaul PS case no. 123/96 whereby he

declined to accept the final form submitted by the police

and directed for further investigation under section

173(8) of the Cr. P.C.

3. On behalf of the petitioner the only issue

raised is that of jurisdiction. It has been submitted that
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once the police completed investigation and submitted

final form indicating that the occurrence was true but no

clues could be found, the Magistrate had no option but to

accept the final report of the police declaring the case

closed. In support of this proposition learned counsel for

the petitioner has placed reliance upon a judgement of

the Supreme Court in the case of Reeta Nag Vrs. State of

West Bengal & Others reported in (2009) 9 SCC 129.

4. No doubt the wordings used in paragraph

25 of that judgement prima facie go to support the

aforesaid contention advanced on behalf of the petitioner

but on a careful reading of the said judgement, it is found

that the conclusion in paragraphs 25 and 26 are not

abstract principles of law but conclusion derived in the

peculiar facts of that case.

5. To appreciate the law laid down in that

case, it is necessary to note the facts and submissions

advanced on behalf of rival parties. In that case on the

basis of charge sheet filed by the Investigating Officer,

the Magistrate took cognizance of offences alleged

against six of the original 16 accused persons and 10
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other accused persons were discharged on the prayer of

Investigating Officer. Subsequently, on an application

filed by “de facto” complainant learned Magistrate in

effect sought to review his earlier order discharging 10

accused persons and in that context the Calcutta High

Court set aside the order of the Magistrate ordering for

reinvestigation and such order of the Calcutta High Court

was confirmed by the Supreme Court. The arguments

advanced were primarily based upon provisions under

section 362 of the Cr. P.C which clearly lays down that a

criminal court after signing its judgement or final order

disposing of a case cannot alter or review the same

except to correct a clerical or arithmetical error. The

court further considered that in the facts of that case

appropriate remedial measure could be taken by the trial

court in exercise of power under section 319 of the

Cr. P.C. but it was not open for the Magistrate to direct

reinvestigation or further investigation in respect of 10

accused persons whom he discharged by his judicial

order.

6. The principle of law noticed above has
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been settled since long by a catena of judgements of the

Supreme Court, some of which have been noted by the

Apex Court in the case of Reeta Nag (Supra).

7. The power of the Magistrate to direct

further investigation under section 173(8) of the Cr. P.C

was noticed in that judgement also in paragraph 9 while

referring to the judgement of the Supreme Court in the

case of UPSC Vrs. V.S. Papaiah (1997) 7 SCC 614 and

neither that judgement was criticized nor it was

distinguished or dissented from by the Apex Court in the

case of Reeta Nag (Supra).

8. In the present case, learned Magistrate has

in no way departed from his earlier order and he had the

necessary jurisdiction to direct further investigation to

collect further evidence and for submitting new report.

Such power is manifest from different sub-sections in

Section 173 (8) of the Cr. P.C.

9. In view of aforesaid discussions and

findings, this court finds no good ground to interfere

with impugned order of learned Magistrate. This

application is, therefore, dismissed.
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10. It goes without saying that since the

matter has become old, learned Magistrate will ensure

that it does not linger unnecessarily and is disposed of in

accordance with law without any delay.

(Shiva Kirti Singh, J.)
Patna High Court
The 28th April, 2010
AFR/BKS