Sanaual Haque S/O Islamuddin vs State Of U.P. And Smt. Ibrat Jahan Wife Of ... on 27 September, 2007
It is settled law that at the stage of investigation the Magistrate has no right to interfere with the investigation of the case, but in the present case, the I.O. came to the conclusion that the only offence under Sections 325, 323, 504 and 506 I.P.C. is made out for the same offence the prayer for passing remand was made but the learned Magistrate concerned passed the judicial remand under Section 326 I.P.C. also, it amounts the interference in the investigation of a criminal case by the Magistrate concerned which is illegal, because the learned Magistrate has exceeded its jurisdiction in passing the impugned order in support of this contention the learned Counsel for the revisionist cited a case of Chhatrapal Singh and Ors. v. State of U.P. (2) A.A.R. 564(H.C.) of this Hon'ble Court, in which Hon'ble Single Judge held that "Judicial Magistrate has exceeded his jurisdiction by recording the observation of the investigation stage, it amounts interference with the investigation.