Court No. - 50 Case :- CRIMINAL MISC. WRIT PETITION No. - 13990 of 2010 Petitioner :- Hari Dutt Respondent :- State Of U.P. & Others Petitioner Counsel :- S.K. Srivastava Respondent Counsel :- Govt. Advocate Hon'ble S.C. Agarwal,J.
Heard learned counsel for the petitioner.
Learned counsel for the petitioner submitted that after investigation
final report was submitted in favour of the petitioner but the Magistrate
rejected the final report and directed for further investigation.
The petitioner is a prospective accused in the FIR lodged by
respondent no. 4 on the basis of application under Section 156(3)
Cr.P.C. After investigation final report was submitted by the police.
Learned Magistrate was not satisfied with the final report and directed
further investigation. Before the petitioner is summoned to face trial, he
has no right to approach this Court for making any interference in
investigation. After submission of final report, the Magistrate has
jurisdiction either to accept the final report, or to take cognizance on
the basis of material available in the case diary, or to treat the protest
petition filed by the complainant as a complaint and proceed under
Section 200 and 202 Cr.P.C., or to direct further investigation by the
police and order directing further investigation does not affect rights of
accused in any manner.
If after further investigation, charge-sheet is filed, at that stage, the
petitioner would have an opportunity to challenge the charge-sheet but
at this stage no interference can be made at the instance of the
petitioner.
The writ petition is devoid of merit and is accordingly dismissed.
Order Date :- 3.8.2010
KU