HARISH PAL Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This application, moved u/s 482 of the Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed for quashing the order dated 24.7.2010 passed by the Addl. CJM, Haldwani in Misc. Criminal Case No.293 of 2009.

(2.) Heard learned counsel for the parties and perused the entire material on record. In nutshell the facts of the case are that respondent no.3 lodged an FIR against the petitioner and co-accused on 5.8.2009, on the basis of which the case was registered against them as case crime no.352/09 u/s 420/465/406/504/506 IPC. After that the matter was investigated and on completion of investigation, the IO submitted the final report on 18.9.2009 against which the protest petition was filed by the complainant before the court below. Vide order-dated 24.7.2010, the learned Magistrate directed the In-charge Inspector Kotwali Haldwani to further investigate the matter and submit the report. Hence this petition.

(3.) Learned counsel for the petitioner submitted the learned Magistrate has passed the impugned order in a technical manner and she had not applied the mind while passing the impugned order and the said order is not as per law. On the contrary, learned Brief Holder for the State, while completely supporting the order passed the trial court, submitted that the learned Magistrate has passed the order as per law.