Trial court can’t reopen, transfer investigation : HC

Excelsior Correspondent
SRINAGAR, Dec 7: Holding that the trial court has no power and jurisdiction to reopen the investigation of an FIR and transferring the same from one agency to another, the High Court quashed the order of Judicial Magistrate wherein reinvestigation and transfer of the investigation was ordered.
Having regard to the discussion in the matter, Justice M A Chowdhary has held that the Magistrate was neither competent to order re-investigation of the case nor to transfer investigation of the case from one agency to another agency. “The impugned order passed by the Judicial Magistrate to the extent of reinvestigation and its transfer is quashed”, he directed.
The Court has made it clear that a Magistrate is, however, competent to order further investigation in terms Section 173 CrPC, if not satisfied with the investigation carried by an agency. “The re-investigation of the case can be ordered by the High Court or by Supreme Court only” the Court said and added the order of Magistrate to the extent not accepting the closure report filed by Police Station concerned is upheld and quashed the investigation and the charge sheet formulated by Crime Branch after its investigation pursuant to the order of reinvestigation passed by the trial court.
Court recorded that the Magistrate was not competent, for lack of jurisdiction, to pass the impugned order, whereby, he had directed to reinvestigate a case registered and also to transfer the investigation to another investigating agency. Court has held the order of the trial court bad and not sustainable in the eyes of law. Court has also held the investigation carried out by the Crime Branch and laying of charge sheet after reinvestigation as not sustainable.
“The impugned order and the proceedings arising out of it thus require interference by this Court. Now the question as to whether a case which required further investigation, FIR in that behalf is to be quashed. In the considered opinion of this Court having regard to the serious allegations that one of the petitioners as abetted by others had managed fake certificates fraudulently and succeeded to manage a job in the Police Organization of the UT of J&K. The case registered against the petitioner required further investigation, as such, the contention of the petitioners to quash FIR No. 35 of 2009 seems to be misconceived and is liable to be rejected”, Court said.
Court rejected the prayer of the petitioner to the extent of seeking quashing the FIR registered against her and directed the concerned Police Station to further investigate the case. Court said the SHO of the concerned Police Station is expected to investigate the case on a fast track basis so that the culprits, if any, are brought to book at the earliest.