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2010 Supreme(All) 1646

A.K.TRIPATHI
DAUJI PRASAD @ DAYU DAYAL – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Abnish Kumar and Onkar Nath for the Petitioner; Govt. Advocate for the Respondents.

JUDGMENT

Hon’ble Arvind Kumar Tripathi, J.—Present application under Section 482 Cr.P.C. has been filed for quashing of the order dated 18.3.2010 passed by respondent No. 2, Superintendent of Police, Gramin (West), Agra.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

2. Learned counsel for the applicant submitted that after investigation the Charge-sheet was submitted by the Investigating Officer in Case Crime No. 561 of 2009 under Sections 420, 468, 469 and 471 I.P.C., P.S. Sainya, District Agra. He contended that from perusal of the impugned order passed by Superintendent of Police on 18.3.2010, it is clear that he directed for re-investigation though he has no power to direct for reinvestigation after the submission of Charge-sheet. Hence the aforesaid order is liable to be quashed, which cannot sustain in eye of law.

3. He relied upon judgment of the Division Bench of this Court in Virendra Singh v. State of U.P. and others, 2002(2) JIC 375 (All) and judgment of apex Court in Ramachandran v. R. Udhayakumar and others, 2008(3) JIC 484 (SC).

4. Learned A.G.A. opposed the prayer on the ground that the order may not be happily worded bu




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