Revision allowed setting aside the order directing re-investigation. The High Court held that the order was beyond the Magistrate's jurisdiction relying on Reeta Nag Vs. State of West Bengal. Matter remanded for fresh order.
The order directing re-investigation is set aside; matter remanded to pass fresh order within three months.
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Court No. - 55
Case :- CRIMINAL REVISION No. - 3078 of 2012
Revisionist :- Smt. Saroj Devi Opposite Party :- State Of U.P. And Anr. Counsel for Revisionist :- Rahul Chaturvedi,A.K. Mishra Counsel for Opposite Party :- Govt. Advocate,Kalyan Sundaram Srivastav,Sandeep Kr.Srivastava,Shailendra Kr.Bharti
Hon'ble Vivek Kumar Singh,J.
Heard Sri A.K.Mishra,learned counsel for the revisionist, Sri K.S.Srivastava, learned counsel for opposite party no.2 and Sri S.S.Tiwari, learned AGA appearing for the State.
By means of this revision the revisionist has challenged the order dated 4.7.2012 passed by the learned Chief Judicial Magistrate,Mathura in Case No.112 of 2011 whereby on the protest petition filed by the informant to the final report submitted by the police, the learned Magistrate concerned has directed for re-investigation of the case.
Learned counsel for the revisionist has placed reliance in the case of Reeta Nag Vs. State of West Bengal, report in 2009 Law Suit (SC) 1733. In paragraph 19 of the said judgement it was held that the investigating authorities did not apply for further investigation and it was only upon the application filed by the de-facto complainant under section 173(8) was only a direction given by the learned Magistrate to re-investigate the matter. The order of the re-investigation passed by the Magistrate was beyond his jurisdictional competence.
Considering the law laid down in the case of Reeta Nag Vs. State of West Bengal(Supra) , the order dated 4.7.2012 passed by the learned C.J.M., Mathura by which the Magistrate has acceded to the demand of opposite party no.2 for reinvestigation of the case is hereby set aside.
The matter is remanded back to the Magistrate concerned to pass afresh order after considering the law laid down with regard to the reinvestigation in the case of Reeta Nag Vs. State of West Bengal(Supra).
With the above observation, the revision is allowed.
This exercise shall be undertaken by the court concerned within a period of three months from the date of production of certified copy before it.
Order Date :- 4.9.2018/IA
1 issue framed by the court
Whether the direction for re-investigation passed by the learned CJM under section 173(8) of CrPC was beyond jurisdiction.
Colour shows how this judgement treated each authority
Reeta Nag Vs. State of West BengalApplied¶7
Reeta Nag Vs. State of West Bengal, report in 2009 Law Suit (SC) 1733
Smt. Saroj Devi
State of U.P.
Vivek Kumar Singh
R.S. Thakor
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
