Ajai Lamba, Vijay Laxmi, JJ. - (1.) This petition seeks issuance of a writ in the nature of certiorari quashing order dated 15.1.2016 passed by Superintendent of Police, Bahraich in relation to Case Crime No.701 of 2013, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Kotwali Nanpara, District Bahraich.
(2.) Order dated 26.5.2016 notices the gist of the contention made on behalf of the petitioner and brief facts of the case. For brevity's sake, order dated 26.5.2016, is extracted here below:- 1. This petition seeks issuance of a writ in the nature of Certiorari quashing order dated 15th January, 2016 passed by Superintendent of Police, Bahraich, directing further investigation in Case Crime No.701 of 2013, under Sections 419, 420, 467, 468 and 471 Indian Penal Code, Police Station Kotwali Nanpara, District Bahraich. 2. Learned counsel appearing for the petitioner/complainant has argued that investigation in regard to crime registered on 02.08.2013 was concluded by way of filing charge-sheet in Court on 18th November, 2013. The Magistrate took cognizance of offence on 19th February, 2014. Thereafter, the accused were required to appear in Court, however, they did not appear. Non-bailable warrant had to be issued more than twenty times for procuring presence of the accused. When in normal course non-bailable warrant could not be executed, Superintendent of Police, Bahraich was asked to take necessary action vide Annexure-3 dated 14.01.2016. Rather than executing non-bailable warrant, impugned order has been passed on 15.01.2016. 3. It has been further argued that defect in earlier investigation has not been pointed out by the Superintendent of Police, Bahraich in the impugned order. There is no reason spelt out in the order for further investigation. On the asking of accused side, the impugned order has been passed in malafide exercise of power, which has frustrated administration of criminal justice. 4. Learned counsel, in the above noted facts and circumstances, seeks time to cite law. 5. List on 6th June, 2016.
(3.) It is evident that vide the impugned order, re-investigation has been ordered by Superintendent of Police, Bahraich.;