Allahabad High Court
Chand Tyagi @ Shiv Kumar And 2 Others vs State Of U.P. And 2 Others on 24 July, 2019
Author: Rajiv Joshi
Bench: Rajiv Joshi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 72 Case :- APPLICATION U/S 482 No. - 27139 of 2018 Applicant :- Chand Tyagi @ Shiv Kumar And 2 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Mohd. Naseer Ahmad,Nazrul Islam Jafri Counsel for Opposite Party :- G.A. Hon'ble Rajiv Joshi,J.
Re: Criminal Misc. Restoration Application No. 1 of 2018 Heard learned counsel for the applicants and perused the application.
This is an application for recalling the order dated 27.11.2018, whereby the application was dismissed for want of prosecution. Cause shown is sufficient.
Application is allowed.
The application is restored to its original number.
Re: Order on Application Heard Sri Nazrul Islam Jafri, learned counsel for the applicants and learned AGA for the State. Present application under Section 482 Cr.P.C has been filed for quashing the order dated 21.3.2018 passed by Civil Judge (Junior Division), J.M. Garhmukteshwar, Hapur, whereby the application filed by the applicant under Section 173 (8) Cr.P.C. for further investigation in Criminal Case No. 330 of 2015 has been rejected. Contention of learned counsel for the applicants is that trial court has committed illegality while rejecting the application for further investigation. Learned AGA submits that application under Section 173 (8) Cr.P.C. can only be moved by the investigating agency and not by the informant and even the court can pass suo motu order in this regard and therefore, the application filed by the informant is not at all maintainable. In support of his contention, learned AGA has place reliance upon the judgement of the Apex Court rendered in the case of Amrutbhai Shambhubhai Patel vs Sumanbhai Kantibhai Patel & Ors, 2017 (4) SCC 177. I find force in the argument so raised by learned AGA.
From perusal of the impugned order, it is apparent that by the order of Superintendent of Police, the matter was directed to be re-investigated and therefore, there is no occasion for the Magistrate to pass another order for further investigation. I do not find any illegality or infirmity in the order impugned herein.
Application is totally misconceived, and is, accordingly, rejected.
Order Date :- 24.7.2019 Noman