HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 12 Case :- U/S 482/378/407 No. - 4044 of 2016 Applicant :- Masroor Ahmad Warsi Opposite Party :- State Of U.P. & Anr. Counsel for Applicant :- Ashok Kumar Singh Counsel for Opposite Party :- Govt.Advocate Hon'ble Shashi Kant,J.
Learned counsel for the applicants is permitted to implead the Superintendent of Police, Barabanki as respondent no. 2 in array of the parties during the course of the day.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material available on record.
Learned A.G.A. has accepted notice on behalf of the respondent nos. 1 and 3.
Issue notice to the respondent no. 2 through regular process as well as registered post with acknowledgment due returnable at an early date. Steps be taken within a week.
Counter affidavit may be filed within four weeks.
Rejoinder affidavit, may also be filed within two weeks thereafter.
This application under Section 482 Code of Criminal Procedure, 1973 (in short as Cr.P.C.) has been filed by the applicants for quashing the impugned order dated 11.05.2016 (contained as Annexure no. 1 to this petition), passed by the learned Chief Judicial Magistrate, Court No. 18, Barabanki, in Criminal Case No. 1891 of 2016 ; State of U.P. Versus Mushir Alam, arising out of Case Crime No. 578 of 2014, under Sections 420, 467, 468, 471 I.P.C., relating to Police Station-Kotwali Nagar, District Barabanki.
The respondent no. 3 has granted permission of further investigation only on the basis of mere asking of respondent no. 2 and there is no mention in the application or order of S.P., Barabanki or the impugned order that after filing of the charge sheet, any new material or new evidence has come in the light and in respect of of that further investigation of the matter as required. In view of the above, the impugned order dated 11.05.2016 is wrong, illegal and liable to be set-aside.
Learned A.G.A. has opposed the above submissions of the applicants and submits that the impugned order has been passed on the basis of Ruling reported in the case of Ram Lal Narang vs. State of Delhi, AIR, 1979 and fully legal and justified and no interference at all is required in this matter.
It is clear from the perusal of the record and other material available on record that there is no mention of any new material or evidence which may be justified for further investigation of the case.
Submissions of the applicants appears to have some substance and requires consideration.
List this matter on 18th July, 2016.
Till the next date of listing, the operation of the impugned order dated 11.05.2016 (contained as Annexure no. 1 to this petition), passed by the learned Chief Judicial Magistrate, Court No. 18, Barabanki, in Criminal Case No. 1891 of 2016 ; State of U.P. Versus Mushir Alam, arising out of Case Crime No. 578 of 2014, under Sections 420, 467, 468, 471 I.P.C., relating to Police Station-Kotwali Nagar, District Barabanki, shall remain stayed.
Order Date :- 3.6.2016 Monika