Hon’ble R.K. Rastogi, J.—This is a Criminal writ petition for quashing of the order dated 5.11.2006 passed by the Superintendent of Police, Kushi Nagar and the order dated 29.11.2006 passed by the C.J.M., Kushinagar.

2. I have heard the learned Counsel for the applicant as well as the learned A.G.A. for the State. Since only a legal point is involved in the present case and there is no factual dispute, I have heard them on merits and I am deciding this writ petition at the admission stage.

3. The facts relevant for disposal of this writ petition are that on 21.2.2006 at 6.45 P.M. Gyaneshwar Dubey, respondent No. 4 in the present case lodged a F.I.R. against the accused Vijai Pratap, his mother Smt. Sugandha Devi, elder brother Ram Pratap Dhar Dubey and wife of Ram Pratap under Sections 498A/304B/201, I.P.C. and 3/4 Dowry Prohibition Act and the police after investigation submitted a charge-sheet against the accused Vijai Pratap Dubey only. No charge-sheet was submitted against the remaining three accused. It was stated by the I.O. that they had been falsely implicated in the case and there was no evidence against them. This charge-sheet was submitted on 16.5.06 by the I.O. and was filed in the Court on 30.5.06 and cognizance was taken by the Court against the accused Vijai Pratap Dubey.

4. It appears that thereafter Sri R. K. Srivastava S.P. Kushinagar on 5.11.06 transferred the investigation of the aforesaid case from the C.O. Sadar to C.O. Khadda and it was further ordered that the C.O. Khadda should resume the investigation immediately and should collect evidence against the remaining accused and should ensure arrest of those accused persons and complete investigation at the earliest. Thereafter an application was moved by the C.O. Khadda before the Court of C.J.M. Kushi Nagar in which he prayed that he has to reinvestigate the case under the orders of the S.P. Kushi Nagar and so the entire case diary along with charge-sheet should be returned to him. The C.J.M. Kushinagar passed the following order on this application:

“Niyamnusar Pradan Kiya Jay”

5. Aggrieved with the above order regarding reinvestigation of the case, the accused Smt. Sugandha Devi, Ram Pratap and his wife filed this writ petition.

6. It was submitted by the learned Counsel for the petitioner that section 173, Cr.P.C permits further investigation only and no reinvestigation and in this case an erroneous order has been passed for reinvestigation and so it should be set aside.

7. Learned Counsel for the State on the other side submitted that actually there is an order for further investigation only and the term “reinvestigation” has erroneously been used.

8. After perusal of the order passed by the S.P. Kushi Nagar on 5.11.2006 I find that there is no order for reinvestigation of the case. It is to be seen that a charge-sheet had been submitted against Vijai Pratap Dubey, husband of the deceased by the C.O. Sadar on 16.5.2006 under Sections 498A/304B/201, I.P.C. and 3/4 Dowry Prohibition Act and on that charge-sheet cognizance had already been taken by the Magistrate and that portion of the investigation of the case whereby charge-sheet had been submitted against Vijai Pratap Dubey has not been touched by the S.P. Kushinagar. He has simply passed an order that the matter against the remaining accused against whom no charge-sheet was submitted should be investigated further and after collection of evidence their arrest may be ensured.

9. On the basis of aforesaid order the C.O. Khadda moved an application before the C.J.M. for return of the charge-sheet along with the entire case diary stating in the application that an order has been passed by the S.P. Kushi Nagar for reinvestigation of the case. This is a complete mis-statement of facts in the application, as there was no order of the S.P. Kushi Nagar for reinvestigation of the entire matter. He simply passed an order for investigation of the matter against the remaining accused persons in respect of whom