- (1.) This revision has been filed for quashing the order dated 18.2.2016 passed by the Additional Chief Judicial Magistrate, Court No. 7, district Aligarh in case no. 71/12 of 2014 (Arif Khan Vs. Habibullah and others) in case crime no. 39 of 2013 under Sections 420, 467, 468, 471 IPC pending in the court of Additional Chief Judicial Magistrate, Court No. 7, Aligarh. Further prayer has been made to stay effect and operation of the order aforesaid.
(2.) Submission of the learned counsel for the revisionist is that order directing for reinvestigation in the matter was passed without considering the facts and circumstances of the case. There was no necessity to send the matter for investigation as final report submitted by the Investigating Officer was based on the evidence. It was further argued that the court below has exceeded in its jurisdiction in passing the order dated 18.2.2016.
(3.) Learned A.G.A. argued that the court below has authority to direct for re-investigation in the matter, therefore, there is no illegality or infirmity in the impugned order.;