J&K HC: CJM Can Order For Second Enquiry Under Section 202 Of CrPC

A bench of Justice Rajnesh Oswal of the Jammu and Kashmir High Court was hearing a plea in which the petitioner had pleaded quashing of a complaint before the Chief Judicial Magistrate, Jammu where the concerned CJM has also passed an order directing enquiry by the Senior Superintendent of Police. 

The issue arose out of the challenge of the petitioner that the Magistrate cannot order a further enquiry by the SSP where an enquiry report was already submitted beforehand. The Court explained the purview of Section 202 of CrPC where the intention of enquiry is to determine the truth in the complaint and proceed in accordance with the law.

The Court held that the trial court of the CJM had very well within its power vested an order for a second enquiry where the first enquiry could have not been done properly or for a proper verification. The Court though held that the Petitioner was right in believing that after report is submitted by the enquiry officer, it can either be dismissed( Section 203 of the CrPC) or to proceed against the accused( Section 2014 of CrPC), the enquiry was not done by the first enquiry officer properly according to the Court, for which the trial court definitely had the jurisdictional power to order for an in-depth enquiry under Section 202 of the CrPC as the first report did not address certain allegations mentioned in the complaint.