VIRENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) K. K. Misra, J. Heard learned Counsel for the applicant and learned A. G. A.

(2.) THE contention of the learned Counsel for the applicant is that the Magistrate has acted illegally by passing the impugned order as the case is triable by the Court of Sessions. By the impugned order, the Magistrate has ordered further investigation in the matter. It is against the proposition of law. THE learned Counsel for the applicant relied upon the case of R. S. Rana v. State (Delhi Administration), reported in ACC 1998 page 487. It has been held by the Apex Court that the Magistrate cannot order further investigation when the case is triable by the Sessions Court. It was the duty of the Magistrate to commit the case to the Court of Sessions. Without commenting on the merit of the case, the order dated 8-5-2000 passed by Ist A. C. J. M. Basti is hereby set aside as having no force of law. THE trial Court is directed to commit the case immediately.