JUDGMENT

S.D. Khare, J. - This is an application under Section 561-A Cr. P. C. for quashing the order passed by the Judicial Officer, Gorakhpur, on 13th April, 1968. By that order Shri J. R. Sharma, Judicial Officer, City, Gorakhpur, in exercise of his powers under Section 159, Cr. P. C., directed that investigation of the case by the police be not taken up, or in case it had been commenced the police was directed not to proceed further with the investigation. The Judicial Officer further ordered that the preliminary enquiry be held by the court itself.

2. It appears that a first information report was lodged by Shri Vijay Shankar Nigam in respect of certain occurrence which is alleged to have taken place at about 7 p.m. on 10th April, 1968 in front of his house. The report related to certain injuries having been caused to Bipin Kumar Tiwari (applicant) . Shri S. N. Sharma (Opposite Party No. 1) , who was posted as Additional District Magistrate (Judicial) at Gorakhpur at that time, was named in the first information report as the main accused person. The allegation against him was that it was at his instigation that certain goondas had attacked Bipin Kumar Tewari (applicant) and st