LAWS(PAT)-2017-4-16

BISHWA MOHAN SINGH Vs. THE STATE OF BIHAR

Decided On April 08, 2017
Bishwa Mohan Singh Appellant
V/S
THE STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned counsel for the opposite party and learned counsel for the State.

(2.) This application under Sec. 482 of the Code of Criminal Procedure (for short "CrPC") has been filed for quashing of the order dated 13.08.2013 passed by the learned Chief Judicial Magistrate, Munger in Naya Ram Nagar P.S. Case No.58 of 2007 whereby while staying the warrant of arrest and the process issued under Sec. 83 of the Crimial P.C. against the accused persons the investigating agency has been accorded permission to reinvestigate the case.

(3.) It is submitted by the learned counsel for the petitioner that the learned Magistrate had no jurisdiction to grant permission to re-investigate the case and stay the operation of the order of execution of warrant of arrest (non-bailable) and that process issued under Sec. 83 of the Crimial P.C. against the accused persons.