Court No. - 80
Case :- APPLICATION U/S 482 No. - 9807 of 2021 Applicant :- Nekram And 7 Others Opposite Party :- State Of U.P. And 7 Others Counsel for Applicant :- Raj Kumar Upadhyay,Avanish Kumar Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
By means of this application under Section 482 CrPC, the applicants have challenged the impugned order dated 08.10.2019 passed by Senior Superintendent of Police, Mathura, by which directing the In-charge, Police Station Goverdhan, District Mathura to make further investigation in Case Crime No. 564 of 2018, under Sections 147, 352, 323, 324 IPC, Police Station Goverdhan, District Mathura.
Learned counsel for the applicants has submitted that on the basis of investigation made by the police, final report dated 20.09.2019 was submitted, on which, learned Magistrate had taken cognizance on 11.02.2019 and thereafter, Senior Superintendent of Police, Mathura was directed for further investigation, therefore, impugned order dated 08.10.2019 is bad in the eyes of law.
Per contra, learned AGA has submitted that the police has power to further investigate the matter even after taken cognizance by learned Magistrate and therefore, impugned order passed by Senior Superintendent of Police, Mathura for further investigation is just and proper.
Having considered the rival submissions made by counsel for the parties and taking into consideration the fact that impugned order passed by Senior Superintendent of Police, Mathura, directing for further investigation, does not suffer from any illegality or infirmity and the same is just, proper and legal and does not call for any interference by this Court.
Present application under Section 482 CrPC is devoid of merit and is accordingly dismissed.
Order Date :- 30.7.2021 Nadim Digitally signed by Justice Rajiv Gupta Date: 2021.08.02 14:10:50 IST Reason: Document Owner Location: High Court of Judicature at Allahabad