1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B. Criminal Misc. Petition No. 526/2010 Harpal Singh vs. State of Rajasthan & Anr. Date of Order: 12th April, 2010 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Ajay Kumar Jain, for the petitioner. Mr. Sanjeev Kumar Mehla, Public Prosecutor for the State. ----- By way of this criminal misc. petition filed under Section 482 of Cr.P.C., the petitioner Harpal Singh has implored to quash the order dated 2nd February, 2010 whereby the Additional Chief Judicial Magistrate, No.4, Jaipur City, Jaipur ordered under Section 156(3) of Cr.P.C., the case to be investigated by police. 2. Heard learned counsel for the parties and carefully perused the relevant material available on record. 3. Learned counsel for the petitioner canvassed that the learned Additional Chief Judicial Magistrate sent the complaint under Section 156(3) of Cr.P.C. for investigation to Station House Officer, police station Shyam Nagar, Jaipur in routine sans application of his mind. No judicial order is required to be passed in a mechanical way. The impugned order dated 2nd 2 February, 2010 is such, which is under challenge and the same deserves to be quashed. 4. Learned Public Prosecutor appearing for the State has defended the order and stated that same to be just and legal. 5. Sub-Section (3) of Section 156 of Cr.P.C. empowers the Magistrate having jurisdiction to send the complaint to concerned police station for investigation. So far as the application of mind is concerned, the impugned order reveals that the learned Additional Chief Judicial Magistrate having perused the complaint and the fact mentioned therein, sent the complaint to SHO, P.S. Shyam Nagar, Jaipur for investigation. From the language of the impugned order it cannot be said that the learned Additional Chief Judicial Magistrate did not apply his mind to the facts and circumstances of the case. He was not required to record a detailed order. The petition is found to have been filed by the petitioner on frivolous and flimsy grounds. 6. It has been consistently held by the Hon'ble Apex Court in catena of judgments that the inherent powers should be exercised by the High Court sparingly with circumspection that too in the rarest of rare cases. The case is found to have been pending investigation and the order dated 2nd February, 2010 cannot be quashed 3 to scuttle justice at the threshold. The petition is totally devoid of any substance, which deserves to be dismissed in limine. 7. For the reasons stated above, the criminal misc. petition filed under Section 482 of Cr.P.C. being bereft of any merit stands dismissed. (MAHESH BHAGWATI), J. Mak/- 28