1 S.B. Criminal Misc. Petition No.684/2008 Dr. Harveer Singh Vs. State of Raj. And Anr. Dated : 12.04.2010 HON'BLE MR. MAHESH BHAGWATI,J. Mr. Suresh Goyal,for the petitioner. Mr. GS Fauzdar, PP,for the State. *** By way of this criminal Misc. Petition filed under Section 482 of Cr.P.C., the petitioner Dr. Harveer Singh has prayed to quash the proceedings pending in the Court of learned Judicial Magistrate No.11, Jaipur City, Jaipur pursuant to Police Report filed under Section 173(2) of Cr.P.C. by police Station Vaishali Nagar, Jaipur pertaining to FIR No.205/2006. Heard the learned counsel for the parties and carefully perused the relevant material on record. Learned counsel for the petitioner canvassed that the allegation levelled against the petitioner in the FIR were totally false and fabricated. He further canvassed that on complaint, the learned Judicial Magistrate examined the complainant and witnesses under Section 200 of Cr.P.C. and thereafter sent the complaint under Section 156(3) of Cr.P.C to police for investigation. This was the gross irregularity committed by the 2 Judicial Magistrate. He contended that once the learned Judicial Magistrate started conducting the inquiry u/s 200 of Cr.P.C., he ought not to have sent the complaint for investigation under Section 156(3) of Cr.P.C. hence, the investigation conducted by the police was bad in law and the learned Magistrate cannot proceed with the trial. In such a situation, the criminal proceedings pending in this case deserves to be quashed. Learned counsel for the respondent as also learned Public Prosecutor appearing for the State have opposed the submissions made by the learned counsel for the petitioner and contended that there is ample evidence collected by the police in this case which has been forwarded to Court for trial. There is no such evidence emerging on record which may evince that the allegations levelled against the petitioner were prima facie false and fabricated, hence, the petition needs to be dismissed. Having considered the submissions made at the bar and carefully scanned the relevant material including the impugned order, it is noticed that the police after completion of investigation has filed the police report under Section 173(2) of Cr.P.C. before the Judicial Magistrate No.11, Jaipur city, Jaipur, for trial. 3 Even if we take the argument of the learned counsel for the petitioner to be true that after recording the statements of the complainant and witnesses under Section 200 of Cr.P.C., the Magistrate ought not to have sent it under Section 156(3) of Cr.P.C., it does not affect the trial of the case. This is not an irregularity which is not curable and it is not such illegality which vitiates the trial under Section 461 of Cr.P.C. hence, this argument advanced by the learned counsel for the petitioner is totally devoid of legal force. The case has been pending trial and this court is not required to appreciate the evidence emerging on record nor this Court under Section 482 of Cr.P.C. to decide as to whether the offences under Section 498A and 406 of IPC prima facie are made out against the petitioner. It is exclusively within the jurisdiction of the learned trial Court to form an opinion about the same. It has been consistently held by the Hon'ble Apex Court in plethora of cases that the inherent powers under Section 482 of Cr.P.C. should be exercised by the High Court sparingly with circumspection and that too in the rarest of rare cases. It is not for this Court under Section 482 of Cr.P.C. to write a judgment on any police report filed by the 4 police for the purpose of trial. The powers under Section 482 of Cr.P.C are not to be exercised in routine. I do not find any substance in the petition filed by the petitioner and the petition, in view of above, deserves to be dismissed. For the reasons stated above, the criminal Misc. petition being bereft of merit, stands dismissed. (MAHESH BHAGWATI)J. Pcg