RAJEEV Vs. STATE OF J&K AND ANOTHER

JUDGEMENT

(1.) Heard.

(2.) In FIR No. 17/2014 of Police Station, Akhnoor, police filed charge-sheet against two persons, herein respondent Nos. 7 and 8 and learned trial Magistrate framed charge under sections 341, 323, 325/34 RPC against them on 09.11.2016. At this stage PWs Guldarshan Singh and Ranbir Singh moved an application seeking a direction to the police to reinvestigate the case. Learned trial Magistrate dismissed this application on 20.11.2017 taking the view that such a direction was not permissible in view of the Hon'ble Supreme Court judgment in case, titled, Amrutbhai Shambhubhai Patel v. Sumanbhai Kantibhai Patel & Ors, (2017) 3 Crimes(SC) 185. Order dated 20.11.2017 is impugned in this petition under section 561-A Cr.P.C. by PWs 1 and

(3.) Legal position on the point has been clearly laid down by the Supreme Court in the aforementioned judgment and has been correctly applied by the learned Magistrate. Supreme Court has held: