Court No. - 50 Case :- CRIMINAL MISC. WRIT PETITION No. - 13384 of 2010 Petitioner :- Surendra Kumar Maurya Respondent :- State Of U.P. & Others Petitioner Counsel :- Ashwani Kumar Mishra Respondent Counsel :- Govt. Advocate Hon'ble Ashok Kumar Roopanwal,J.
It has been argued by Mr. A.K. Mishra, learned counsel for the petitioner
that after the submission of report under Section 173(2), Cr.P.C. the court has
no power to direct for reinvestigation and becuase reinvestigation has been
ordered vide order dated 3.5.10, hence, the order is bad and is liable to be
quahsed.
Issue notice to the respondent no.3 to file counter affidavit within a period
of 3 weeks’. Rejoinder, if any, may be filed within 1 week thereafter.
List thereafter.
Till the next date of listing, operation of the order dated 3.5.10 passed by
the Additional Chief Judicial Magistrate, Court No.5, Varanasi in case
no.158/07 arising out of case crime no.22/06, under Section 419. 420, 467,
468, 471, 342, 506, 120-B, IPC, P.S. Lanka, District Varanasi shall remain
stayed.
Order Date :- 27.7.2010
T. Sinha
