LAWS(RAJ)-2011-7-255

BHAGIRATH YADAV Vs. STATE OF RAJASTHAN

Decided On July 26, 2011
Bhagirath Yadav Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner has challenged the order dated 22.2.2010 passed by the learned A.C.J.M. Deedwana, whereby the learned Magistrate has directed reinvestigation of the matter to be conducted and that too in a particular way by a particular officer.

(3.) Counsel for the petitioner has placed reliance on the judgments of the Hon'ble Apex Court in the case of Ramchandran v. R. Udai Kumar, AIR 2008 SC 3102, and Meetha Bai Pasa Bai Patel and Ors. v. State of Gujarat, AIR 2009 (Suppl.) SC 1658, and has submitted that re-investigation and that too in a particular way cannot be directed to be done. He has also submitted that the learned Magistrate has no jurisdiction to direct that the investigation of the matter should be done by a particular officer.