Sukhdev Singh vs State of Haryana

K.S. Garewal, J.—Sukhdev Singh and another have filed this petition challenging the order of the learned Judicial Magistrate dated April 7, 2000 whereby on the basis of an application filed by the State seeking further investigation in the case entitled State v. Kaur Singh and others, registered at Police Station Kalanwali vide FIR No. 367 dated December 26, 1991 under Sections 302, 307, 143 and 149 IPC was allowed and further investigation was directed lo be conducted.

The order of.the learned Magistrate suffers from two serious defects. Firstly, no material has been referred to nor relied upon by the prosecution to seek re-investigation. In the application filed for the purpose on January 20,2000 it has simply been stated that due to some political and extraneous considerations investigation could not be carried out properly and the police wants to re-investigate the case. Moreover, the order was not passed in the presence of the accused. The order is certainly detrimental to the accused and would cause serious prejudice to them. The case relates to December 1991. The prosecution evidence in the main case has already been concluded. Without referring to what kind of further investigation is necessary, it appears that the request for further investigation was not justified. The order for re- investigation u/s 173(8) Cr.P.C. is not based on any good ground or valid material. Accordingly, the order deserves to be set aside. The petition is accepted and the impugned order is hereby set aside.

Petition allowed