SHRI KANT TRIPATHI,J. - (1.) HEARD the learned counsel for the petitioner and the learned AGA for the respondent and perused the record.
(2.) THIS is a petition under section 482 CrPC against the order dated 6.2.2010 passed by the Additional Chief Judicial Magistrate, Court No.1, Hardoi in regard to the case crime no. 470 of 2009 under section 3/7 of the Essential Commodities Act, police station Baghauli district Hardoi. It appears that the investigating officer filed charge sheet in the case. The learned Magistrate instead of entertaining the charge sheet and passing appropriate order thereon, returned the charge sheet with the direction to the investigating officer to explain as to whether the charge sheet had been submitted without credible evidence, and also as to how and under what circumstances arrest of the accused had not done.
(3.) THE learned counsel for the petitioner submitted that the petitioner's arrest had been stayed by this Court till availability of the credible evidence. If some credible evidence had been collected, it was open to the investigating officer to arrest the petitioner but the investigating officer was not legally bound to arrest him. It was an optional power. Instead of arresting the petitioner he filed a charge sheet. The learned Magistrate should have passed appropriate order either taking the cognizance or refusing to take cognizance or directing for further investigation. He had no power to interfere with the act of the investigating officer by directing him to explain in the aforesaid manner.;