Heard learned counsel for the applicants, learned A.G.A. and counsel for O.P. No. 3.
This application has been filed with a prayer to quash the order dated 29.9.2009 passed by learned C.J.M. Bahraich in case No. 2480 of 2007.
From the perusal of the record it appears that in the present case in case crime No. 23 of 2007 under sections 323, 325, 504, 506 IPC the charge sheet has been submitted on which the learned Magistrate has taken the cognizance, thereafter in pursuance of the order passed by Division Bench of this court the Superintendent of Police has given a direction for further investigation to P.S. Phakharpur. On the basis of the order of the Superintendent of Police an application was moved i the court of learned C.J.M>, Bahraich for obtaining the necessary papers, the same was allowed on 29.9.2007. The order dated 29.9.2009 is not suffering from any illegality or irregularity, the prayer for quashing the same is refused.
However, considering the old pendency of this case, it is directed that the further investigation of the above mentioned case shall be done within a period of two months from the date of filing of this order.
The interim order dated 4.11.2009 is hereby vacated.
With this direction, this application is finally disposed of.
Order Date :- 17.10.2011 RPD