The Court dismissed an application under Section 482 CrPC seeking re-investigation, holding that the matter should be raised before the Court below. The application was consigned to record without an interim order.
None. Application consigned to record; applicant to approach lower court for further investigation.
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Court No. - 4
Case :- APPLICATION U/S 482 No. - 5811 of 2005
Applicant :- Mahendra Kumar Patel Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajiv Asthana Counsel for Opposite Party :- Govt. Advocate
Hon'ble Ajit Kumar,J.
The petitioner is aggrieved against the investigation that has led to the filing of charge-sheet which is impugned here in this application. An argument advanced is that investigation that led to the chargesheet has not been fare enough and needed further investigation.
In the opinion of the Court, the Court under Criminal Law is competent enough to order for re-investigation. In case, the appropriate application is moved and in the event the Court finds the investigation is vitiated or required further investigation to meet the end of justice, the court/learned Magistrate can always order for the same.
The application U/s 482 is therefore dismissed at this stage. The applicant may seek such remedy as available in law with regard to further investigation and in the event he moves an application, this Court feels that there is no reason why the court below shall not decide the same on merits.
The application U/s 482 stands consign to record.
Interim order if any, stands discharged.
Order Date :- 10.12.2018 Darpan Sharma
1 issue framed by the court
Whether the High Court should order re-investigation at this stage of the case under Section 482 CrPC.
Mahendra Kumar Patel
State Of U.P.
Ajit Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
