UMA SHANKER PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) S. K. Phaujdar, J. Through this ap plication under Section 482, Cr. P. C. the applicants have challenged an order of the III Addl. Sessions Judge, Varanasi, dated 5-8-1998 insofar as he had directed the Superintendent of Police, Chandauli, to register a case under Section 58 of the N. D. P. S. Act and Section 394,1. P. C. against the applicants and to get the matter inves tigated into by L Circle Officer and to make feed back report to him. There is a further direction to return Rs. 1600/- to one Madan Lal, who was being prosecuted for an offence under the N. D. PS. Act.

(2.) THE order in question indicates that one Madan Lal stood prosecuted under Section 20 of the N. D. P. S. Act in case Crime No. 404 of 1998 by the officials of the Government Railway Police at Mughalsarai. An application for bail was moved and was rejected by Sri Indra Bahadur Singh, III Addl. Sessions Judge, Varanasi, on 24-7-1998. On a subsequent date this very Sessions Judge had recorded the statement on oath as given by Madan Lal and upon that statement recorded on 5-8-1998 he had directed the aforesaid ac cused to be released on bail and had also directed that the statement given to him be forwarded to the Superintendent of Police, Chandauli, with a direction that the Police Inspector, Uma Shanker Pandey, Head Constable Sant Kumar, and Constable Islam, who were responsible for the arrest of Madan Lal, be prosecuted under Sec tion 58 of the N. D. P. S. Act and also under Section 394, I. P. C. THE Addl. Sessions Judge further directed that investigation should be made by some Circle Officer and the fact of registration of a case should be informed to the court and the materials snatched from Madan Lal should be returned.

(3.) THE learned A. G. A. submitted on behalf of the State that the courts of law must be deemed to was necessary to do will be deemed forbidden unless there is a specific legal bar there for. It was submitted that the Sessions Judge was a responsible Judicial Officer and when commission of an offence was made known to him, he was within his rights to make a reference to the police and there was now rung in the order.