- (1.) By means of present writ petition under Article 226 of the Constitution of India, the petitioner has prayed for issue of the writ in the nature of certiorari for quashing of the orders dated 28-2-2003 and 11-3-2003 (Annexures 3 and 4 to the writ petition).
(2.) The brief facts giving rise to the present writ petition are that the petitioner filed an application under Section 156 (3) Cr. P. C. against respondents No. 4 and 5 in the Court of Additional Chief Judicial Magistrate I, Ballia. The Additional Chief Judicial Magistrate, I Ballia by order dated 22-2-2003, directed the concerned S. O. to register and investigate the case. In pursuance of the said order, the F. I. R. No. 14 of 2003 was lodged against respondents No. 4 and 5. The respondents No.4 and 5 approached the Additional Chief Judicial Magistrate, I, Ballia with request that the arrest may not be made during the investigation. The Additional Chief Judicial Magistrate I, Ballia by order dated 28-2-2003 directed the S. O. Gadwar not to arrest the respondents No.4 and 5 without obtaining warrant from the Court. The petitioner filed revision against the said order which was dismissed by the in-charged Sessions Judge, Ballia on 11-3-2003.
(3.) The petitioner filed the writ petition on the ground that by passing the order for investigation (Annexure 1 to the writ petition), the Court became functus officio. No revision was preferred against the order dated 22-2-2003, hence the order became final. There is express bar contained in Section 362 Cr. P. C. that the Criminal Court cannot review or amend its order. The Magistrate has over stepped in the jurisdiction of police. Hence the order for stay of arrest is illegal and bad in the eye of law.;