Allahabad High Court
Kedar Nath Mishra vs State Of U.P. And Others on 10 January, 2020
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 13 Case :- U/S 482/378/407 No. - 4133 of 2009 Applicant :- Kedar Nath Mishra Opposite Party :- State of U.P. and Others Counsel for Applicant :- Dinesh Kumar Shukla,Satish Chandra Shukla Counsel for Opposite Party :- Govt. Advocate Hon'ble Dinesh Kumar Singh,J.
The present petition under Section 482 Cr.P.C. has been filed against the order dated 17.8.2009 passed by the Chief Judicial Magistrate, Gonda on an application under Section 159 Cr.P.C. for further investigation.
Learned Magistrate has rejected the said application on the ground that the Investigating Officer after investigating the offence, has filed the charge sheet under Sections 323. 325, 504 and 506 IPC. Cognizance has been taken on the charge sheet. Therefore, at this stage, there is no question of directing the Investigating Officer to carry out fresh investigation. If the Investigating Officer finds any new evidence against the accused, he may file supplementary charge sheet. Therefore, no interference is required by this Court on the view taken by the learned Magistrate.
This petition being without any merit and substance, is hereby dismissed.
Order Date :- 10.1.2020 Rao/-