ORDER

The present criminal revision is filed u/S.397 read with Sec.401 of Cr.P.C against the order dated 15.2.2024 passed by I Addl. District Judge, West Nimar, Mandsaur in ST No.149/2021 whereby the application filed by the applicant u/S.239 Cr.P.C for discharge has been rejected.

2. Counsel for applicant submits that the investigation has been conducted contrary to the provisions of Sec.6 of M.P. Nishepako Ke Hito Ka Sanrakshan Adhiniyam, 2000. As per the provisions of sub section 2 of Sec.6, no police officer shall investigate an offence under this Act without expressed permission of an officer not below the rank of Superintendent of Police having jurisdiction. The aforesaid point was raised in the application u/S.239, however, the same has not been addressed to by the trial court.

3. Upon perusal of the application in para 4 a specific ground was raised in this regard, however, the same has not been considered by the trial court and, therefore, the impugned order dated 15.2.2024 is set aside. Trial court is directed to decide the application u/S.239 of Cr.P.C afresh by considering the objection of the application in accordance with law before proceeding further in the ma