LAWS(ALL)-2007-1-83

ARUN KUMAR Vs. STATE OF U P

Decided On January 10, 2007
ARUN KUMAR Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) MRS. Poonam Srivastav, J. Heard Sri Vinod Tripathi, learned Counsel for the petitioner and learned A. G. A. for the State.

(2.) THIS writ petition has been filed challenging the order dated 7-12-2006 passed by the Additional Sessions Judge/special Judge (S. C. /s. T. Act), Meerut in Session Trial No. 50 of 2003. The order passed by the IInd Additional Chief Judicial Magistrate and Special Judge (S. C/s. T. Act), Meerut taking cognizance is also impugned in the instant writ petition. The impugned order has been passed on an application moved on behalf of the accused, numbered as 34-Kha, raising an objection that previously CBCID conducted the investigation and submitted final report. Subsequently, an order was obtained for further investigation and charge-sheet was submitted. The order of cognizance has been emphatically disputed and a prayer was made to summon the final report submitted previously and thereafter the order taking cognizance may be quashed. The learned Special Judge (S. C. /s. T. Act) Meerut declined to summon the record relating to final report and prayer of the petitioner was not granted.

(3.) IN the circumstances, I am not inclined to interfere and grant the relief prayed for in the instant writ petition. The writ petition lacks merit and is accordingly dismissed. Petition dismissed. .