SIYA RAM Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the applicant and learned AGA for the State.

(2.) Learned counsel for the applicant has mainly contended that the Magistrate has no power to pass an order directing to permit for fresh investigation or reinvestigation, hence the order passed by the learned Magistrate is erroneous. Learned counsel cited the verdict of the Hon'ble Apex Court given in Ramachandran v. Udhayakumar.

(3.) Learned AGA submitted that as there was allegation against the applicant also but the has absconded at that time, hence in the interest of justice, the investigation was necessary in the matter, which has rightly been directed by the Magistrate.