IKRAM HUSAIN Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Mr. K.S.Rastogi, learned counsel for the petitioner as well as Mr. Rajendra Kumar Dwivedi, learned Additional Government Advocate for the State.

(2.) THIS petition under Article 226 of the Constitution of India has been filed by the petitioner challenging the order dated 3rd December, 2010, passed by the Judicial Magistrate, Mohammadi, District Kheri in Case Crime No. 1152 of 2010, under Sections 419,420 I.P.C, Police Station Mohammadi, District Kheri whereby the Magistrate has permitted allegedly for reinvestigation of the case.

(3.) THE provisions of investigation are provided under Section 173 of the Code of Criminal Procedure under the different sub-sections. However, in the context of present case, I am very much concerned about sub-Section (8) of Section 173 of the Code of Criminal Procedure, which reads as under :