RAKESH KUMAR SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) UMESHWAR Pandey, J. Heard Sri P. C. Srivastava for the petitioner and the learned A. G. A. for the opposite party.

(2.) THIS petition under Section 482 Cr. P. C. has been preferred against the order dated 19-6-2001 passed by the Chief Judicial Magistrate, Gorakhpur whereby he has directed the case Crime No. 901 of 1999 under Sections 419, 420, 467 and 468 I. P. C. , P. S. Cantt District Gorakhpur to proceed.

(3.) FROM the aforesaid facts and circumstances, it is quite clear that the Government had ordered further investigation in the case, which was going on. If the Cantt police have submitted charge-sheet it was not necessary that the trial should have forthwith started. There was every likelihood of certain positive result in the ongoing investigation in the case which could be favourable to the accused. As such it was not necessary rather, it could prejudice the interest of the accused, if the case is concluded without waiting for the results of further investigation going on in the matter. The order of the Magistrate refusing to grant the stay of the trial, which has been challenged in the petition appears to be not sound in the eye of law and it does require interference. The petition is allowed.