MOHD TAYYAB Vs. STATE OF U P

JUDGEMENT

(1.) K. S. Rakhra, J. Heard Sri B. K. Singh, learned Advocate for the petitioner and learned A. G. A. for the State and none responds for opposite parties although they have been served.

(2.) THROUGH this writ petition under Section 482 Cr. P. C. the petitioner is challenging the order dated 10- 11-2003 passed by learned Sessions Judge, Balrampur in Criminal Revision No. 72 of 2003.

(3.) THE contention of the learned Counsel for the petitioner is that this order passed by the learned Sessions Judge is liable to be quashed primarily on the ground that the police has already submitted charge-sheet under Section 419/420/467/468 IPC after collecting evidence and the learned Magistrate has already taken cognizance under Section 119 (1) (b) Cr. P. C. It has been contended by the learned Counsel that the order passed by the learned Magistrate on 30-5-2003 has exhausted and thus lost all significance and cognizance has been taken by the Magistrate on the police report submitted after investigation. THE order passed by the learned Magistrate cannot be quashed in the manner as has been done under the order of the learned Sessions Judge.