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2013 Supreme(UK) 621

SERVESH KUMAR GUPTA
State of Uttarakhand – Appellant
Versus
Chief Judicial Magistrate, Haridwar – Respondent


Advocates:
Advocate Appeared:
Mr. P.S. Danu, Brief Holder, for the State-Revisionist.

JUDGMENT

Servesh Kumar Gupta, J.


1. This revision has been preferred against a short order dated 1.6.2007 passed by the Chief Judicial Magistrate, Haridwar in Complaint Case No. 2639 of 2007, Kashi Nath V. Pankaj Kumar Pandey. The said complaint case was instituted by Kashi Nath against the Sub Divisional Magistrate, Haridwar for the offences under Section 217, 504, 506, 342, 500 and 501 IPC. After recording the statement of complainant Kashi Nath, the learned Magistrate, in exercise of his powers under Section 202 Cr PC, thought it expedient to get the matter investigated personally by the District Magistrate, Haridwar. Accordingly, learned trial court adjourned the matter and postponed the recording of the statements of witnesses under Section 202 Cr PC and ordered the District Magistrate, Haridwar to investigate the matter himself. It is against this order, instant revision has been preferred.


2. Having heard the learned State Counsel, it would be pertinent to mention the powers of a Judicial Magistrate as adumbrated under Section 202 Cr PC. The said provision empowers a Magistrate to postpone the issue of process against the accused, and either inquire into the case himself or










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