Court No. - 81
Case :- MATTERS UNDER ARTICLE 227 No. - 9750 of 2019 Petitioner :- Sanjay Kumar Verma Respondent :- State of U.P. and Another Counsel for Petitioner :- Sanjay Kumar Yadav,Umesh Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Sanjay Kumar Yadav, learned counsel for the petitioner and Sri Suraj Singh, learned brief holder for the State.
This Petition has been filed with a prayer to set-aside the order dated 8.07.2019 passed by A.C.J.M., Gorakhpur in Case Crime No. 309 of 2017 under Sections 419, 420, 467, 468 and 471 I.P.C. P.S. Shahpur, District Gorakhpur.
Learned counsel for the petitioner has prayed that impugned order dated 8.07.2019 be set-aside which has been passed on application of Sri G.S. Tiwari, I.O. addressed to A.C.J.M.-III, Gorakhpur praying that he may be permitted to further investigate the matter under Section 173 (8) Cr.P.C. and after considering the same, learned Magistrate concerned has permitted further investigation to be conducted by the said I.O.
Learned A.G.A. has vehemently opposed the quashing of impugned order.
I do not see any infirmity in the impugned order as the same has been passed within the jurisdiction of the said court and is in consonance with law, hence quashing of the said order is refused.
The petitioner shall appear before the court below within 30 days from today and may move an application for bail. If such an application is moved within the said time limit, the same would be disposed of in accordance with law. For a period of 30 days, no coercive action shall be taken against the petitioner in the aforesaid case. But if the petitioner does not appear before the court below within the said time period, the court below shall take coercive steps to procure his attendance.
Order Date :- 18.12.2019 A. Mandhani