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2019 (10) TMI 1428 - SC - Indian LawsPower of Magistrate to order further investigation after a charge-sheet is filed by the police - up to what stage of a criminal proceeding can be investigated? - HELD THAT:- The FIR dated 22.12.2009 is concerned with two criminal acts, namely, the preparing of fake and bogus 'Satakhat' and Power-of-Attorney in respect of the agricultural land in question, and the demanding of an amount of ₹ 2.5 crores as an attempt to extort money by the Accused persons. The facts that are alleged in the application for further investigation are facts which pertain to revenue entries having been made in favour of Ramanbhai Bhagubhai Patel and Shankarbhai Bhagubhai Patel, and how their claim over the same land is false and bogus. Shri Basant is, therefore, right in submitting that the facts alleged in the applications for further investigation are really in the nature of a cross-FIR which has never been registered. In fact, the communication of the Commissioner of Revenue, Gujarat dated 15.03.2011 to the Collector, Surat-so strongly relied upon by Shri Dushyant Dave-bears this out. In this communication, the learned Commissioner doubts that a particular order dated 14.04.1976 passed by a revenue authority ever existed, and that by making an application in the name of the long since deceased Bhikhabhai Khushalbhai in 2010, for getting a copy of Form No. 3 would, prima facie, amount to a criminal offence. This is not a case which calls for any further investigation into the facts alleged in the FIR lodged on 22.12.2009. Yet, having regard to what is stated by the learned Commissioner in the said letter, the police be directed to register an FIR qua these facts, which needs to be investigated by a senior police officer nominated by the concerned Commissioner of Police. However, given the serious nature of the facts alleged in the communication of the Commissioner of Revenue dated 15.03.2011, we direct that the police register an FIR based on this letter within a period of one week from the date of this judgment - This FIR is to be enquired into by a senior police officer designated by the concerned Commissioner of Police, who is to furnish a police report pursuant to investigation within a period of three months from the date on which such officer is appointed to undertake such investigation - Appeal disposed off.
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