Court No. - 53
Case :- APPLICATION U/S 482 No. - 19647 of 2018 Applicant :- Pinku @ Gyanendra Singh Opposite Party :- State Of U.P. And 6 Others Counsel for Applicant :- Ajay Kumar Sharma,Atul Sharma Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Atul Sharma, learned counsel for the applicant and Sri Akhilesh Kumar Mishra, learned AGA alongwith Sri Mayank Awasthi, appearing for the State.
The applicant has filed this application challenging an order dated 14.05.2018 passed by the Senior Superintendent of Police, Agra directing further investigation in a case where a charge sheet has already been filed in Court and cognizance has been taken by the Magistrate purporting to exercise of powers under Section 173(8) CrPC.
The submission of Sri Sharma is that the SSP is not competent to pass the order impugned under Section 173(8) CrPC as that order can only be passed by the Magistrate.
The submission of the learned counsel for the applicant may be right or it may not be so. However, since the order impugned is an administrative order passed by the Senior Superintendent of Police, it is not within the scope of scrutiny or jurisdiction of this Court in exercise of powers under Section 482 CrPC to look into its validity or interfere with the same. The remedies of the applicant against the order impugned may lie elsewhere which he may avail, if so advised.
This application under Section 482 CrPC is held to be not maintainable and is dismissed as not maintainable.
This will not present the applicant from availing remedy against the order impugned in such jurisdiction as may be advised.
Let certified copies be returned to the learned counsel for the applicant after retaining photostat copies of the same duly attested by him.
Order Date :- 30.5.2018 Shahroz