KRISHNA KUMAR GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) B. B. Agarwal, J. This petition has been moved to quash the orders dated 17th April, 2002 (17th April, 2001 has wrongly been typed in petition) passed by ACJM VIII, Lucknow and 26th February, 2003 passed by Additional Chief Judicial Magistrate, Court No. 27, Lucknow as contained in Annexure Nos. 1 and 2 of this petition.

(2.) HEARD Sri Ritu Raj Awasthi, Advocate from the side of the petitioner and Sri V. K. Srivastava from the side of the State.

(3.) I have gone through the aforesaid ruling. In view of the rulings noted above the Magistrate, in my opinion, had no jurisdiction to pass order for re-investigation of the case and in the present case, as the learned Magistrate had passed the order for re- investigation, therefore, the order deserves to be set aside and the petition may be allowed.