Allahabad High Court
Mohd. Altaf And Another vs State Of U.P. And Another on 28 January, 2010
Author: Ashok Kumar Roopanwal
Bench: Ashok Kumar Roopanwal
Court No. - 19 Case :- APPLICATION U/S 482 No. - 23360 of 2009 Petitioner :- Mohd. Altaf And Another Respondent :- State Of U.P. And Another Petitioner Counsel :- S.K. Anwar Respondent Counsel :- Govt. Advocate Hon'ble Ashok Kumar Roopanwal,J.
This application u/s 482 Cr.P.C. has been filed for setting aside the order dated 28.7.2009 passed by the A.C.J.M. Court No. 4, Etawah, (Annexure no. 11 to the affidavit).
Heard Mr. S. P. S. Raghav, learned Senior counsel assisted by Mr. S. K. Anwar, learned counsel for the applicant, learned AGA for the State and perused the record.
The whole contention of Mr. Raghav is that the impugned order dated 28.7.2009 was not within the competence of the court, which passed it. There is only one provision in the Code of Criminal Procedure embodied u/s 173(8) Cr.P.C., which speaks about further investigation, while the court below had ordered for the reinvestigation and for reinvestigation there is no provision in the Cr.P.C. and therefore, the impugned order is liable to be quashed.
Without entering into the merits of the order dated 27.8.2009, I do feel that the argument of Mr. Raghav is liable to be accepted as there is no provision in the Cr.P.C. for reinvestigation and thus, reinvestigation could not be ordered by the court.
Accordingly, the application is allowed, the order dated 27.8.2009 is set aside and the concerned Magistrate is directed to pass a fresh order in accordance with the law.
Order Date :- 28.1.2010 Pcl