SYED NUSRAT ALI Vs. STATE

JUDGEMENT

(1.) By way of present petition under Section 482 Cr.P.C the petitioner has prayed for quashing of an order dated 20th July, 2009 passed by Special Judge, NDPS, Patiala House Courts, New Delhi. Learned Special Judge, NDPS, vide the impugned order partly allowed the Crl. Revision and partly set aside the order dated 27 th April, 2009 passed by learned ACMM and disposed of the revision petition.

(2.) Brief facts relevant for deciding this petition are that learned ACMM vide order dated 27th April, 2009, on an application made by petitioner no.1 Syed Nusrat Ali passed an order directing ACP Mr. Amit Roy and the Investigating Officer to appear in person and to show cause as to why proceedings under Contempt of Courts Act and for other offences be not initiated against both of them. Against this order of learned ACMM, the State filed a revision and the learned Special Judge NDPS Act vide order dated 20th July, 2009 set aside the order dated 27th April, 2009 passed by learned ACMM qua ACP Mr. Amit Roy but held the order qua Investigating Officer Ram Kumar Chaudhary.

(3.) By present petition applicant/ petitioner no.1 Syed Nusrat Ali assailed the order of learned Special Judge (NDPS Court) contending that there was no power of revision vested in learned Special Judge since the order passed by learned ACMM was an interlocutory order. Petitioner also assailed the order passed by learned Special Judge, NDPS on merits.