NANDAN SINGH BORA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mr. S.K. Tiwari, learned Counsel for the petitioner as well as Mr. R.P. Shukla, learned Additional Government Advocate. The petitioner has challenged the order dated 22.5.2008 passed in case No. 338 of 2007 by Special Chief Judicial Magistrate (Custom), Lucknow, on the ground that the learned Magistrate has issued direction for reinvestigation of the case, which is not permissible under law. To substantiate his arguments, he drew the attention of this Court to- wards the provisions of sub-section (8) of Sec. 173 Code of Criminal Procedure, 1973, which is reproduced as under :

(2.) In support of his contentions, he cited some decisions, which are discussed hereinunder : Popular Muthiah Vs. State, 2006 (7) SCC 296 . In this case, since the provisions of Sec. 173 (2) (i) had not been complied with, the High Court issue following direction :

(3.) The order of the High Court was challenged before the Honourable Supreme Court on several grounds, one of which is as under :