Court No. - 49
Case :- APPLICATION U/S 482 No. - 9942 of 2018 Applicant :- Sukhdev Singh And Anr Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Mazhar Ullah Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicants and learned AGA for the State as also perused the record.
The present application U/s 482 Cr.P.C. has been filed against the order dated 31.08.2017, by which the application filed by the present applicant under Section 173 (8) Cr.P.C. has been rejected.
In short, learned counsel for the applicants submits that the agreement relied upon by the opposite party no.2 was never executed by the applicant. It is therefore, submitted that the applicants had filed an application before the learned Magistrate to get the opinion of a handwriting expert on the same. It is further submitted that such application was wrongly rejected without going into the root of the matter.
Perusal of the order passed by the learned Magistrate reveals that at present the application filed by the applicant for further investigation by the police has been rejected, leaving it open to the applicants to raise objection at the appropriate stage.
Presently, the applicants have admittedly enlarged on bail. The nature of investigation carried out by the police authorities is not a matter with which the learned Magistrate has felt proper to interfere at this stage.
In view of the above, the impugned order does not warrant any interference at this stage. The application lacks merit and is accordingly dismissed.
Order Date :- 28.3.2018 Lbm/-