Court No. - 54 Case :- APPLICATION U/S 482 No. - 603 of 2010 Petitioner :- Rajendra Singh And Others Respondent :- State Of U.P. And Another Petitioner Counsel :- Anand Mohan Pandey Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicants and learned A.G.A.
This application has been filed by the applicants Rajendra
Singh, Ranvijay Singh and Ritu Singh with a prayer to quash
the order dated 21.8.2009 passed by Special C.J.M, Kanpur
Nagar in case no. 93 of 2007.
It is contended by learned counsel for the applicants that in this
case final report has been submitted by the I.O., the same has
been rejected by learned Magistrate concerned and order of re
investigation has been passed, which is illegal, because the
order of reinvestigation can not be passed.
In reply of the above contention it is submitted by learned
A.G.A. that that the impugned order dated 21.8.2009 may be
modified.
Considering the submissions made by learned counsel for the
applicants, learned A.G.A. and from the perusal of the record it
appears that the learned Special C.J.M. Kanpur Nagar has
passed the order of reinvestigation, the order of re
investigation can not be passed, the order of further
investigation can be passed in such a case, therefore, the order
dated 21.8.2009 passed by learned special C.J.M. Kanpur
Nagar is modified to the extent that the I.O. shall do the further
investigation in the above mentioned case crime no. 540 of
2008.
It is further directed that applicants move application for
appearance/ surrender before the court concerned within 30
days from today on which the court concerned shall fix the date
of surrender/appearance, in the meantime the court concerned
shall seek the instructions from the prosecution side. In case
the applicant moves the application for bail on the day of the
appearance or surrender, the same shall be considered and
disposed of on the same day by the courts below and for 15
days the N.B.W. issued against the applicants shall be kept in
abeyance..
With this direction, this application is finally disposed of.
Order Date :- 12.1.2010
RPD