- (1.) Heard learned counsel for the applicant and learned AGA for the State. This application under Section 482 Cr.P.C. has been filed with the prayer to quash the order dated 1.8.2012 passed by the Additional Chief Judicial Magistrate 1st, Mathura permitting for reinvestigation in connection with case crime No. 67 of 2012, under Sections 147, 148, 149, 307, 336, 323, 363, 224, 225, 504, 427 and 186 IPC, P.S. Chhata, District Mathura. The brief facts of the case are that an FIR was got lodged by opposite party No. 2 Gajendra Singh, S.I., P.S. Kankhal, District Haridwar against 24 named persons and certain unknown persons including gents and ladies in which the applicant's name is shown at Serial No. 5 with the allegations that the accused persons were interrupting the official work of recovering certain vehicles involved in the theft and also fired upon the police personnel, The said FIR was registered as case crime No. 67 of 2012, under Sections 147, 148, 149, 307, 336, 332, 353, 186, 224, 225 and 186 IPC, After investigation in the matter, the charge-sheet was submitted only against five persons but not against the applicant. On submission of the said charge-sheet, the learned Magistrate took cognizance vide order dated 4.5-2012, thereafter the matter was proceeded. In the meantime, on 1.8.2012 a report has been submitted by the S.I.S. Branch Mathura before the learned Court below to the effect that in case crime No. 67 of 2013 an order has been received from S.S.P., Mathura to S.I.S. Branch Mathura for reinvestigation, hence the order for reinvestigation may be passed. On the said application, the learned Court below passed the order on the same day i.e. on 1.8.2012 as "permitted".
(2.) Learned counsel for the applicant has mainly contended that the Magistrate has no power to pass an order directing to permit for fresh investigation or reinvestigation, hence the order passed by the learned Magistrate is erroneous. Learned counsel cited the verdict of the Hon'ble Apex Court given in Ramachandran v. Udhayakumar.
(3.) Learned AGA submitted that as there was allegation against the applicant also but the has absconded at that time, hence in the interest of justice, the investigation was necessary in the matter, which has rightly been directed by the Magistrate.;