(1.) Heard Shri D.K. Tripathi, learned counsel for the applicants and Shri Manoj Kumar Dwivedi, learned AGA for the State and perused the record.
(2.) Counsel for the applicants argues that the present application has been filed challenging the order dtd. 14/10/2004 whereby the Additional Chief Judicial Magistrate, Jaunpur in case crime no.C-1/2002, under Ss. 419 and 420 IPC has allowed the application filed by the Anti-Corruption Bureau, Varanasi permitting them to re-investigate the matter.
(3.) The facts in brief are that the opposite party no.2 filed an application under Sec. 156(3) Cr.P.C. alleging the forgery committed upon him by the applicants. The matter was investigated by the police authority and a final report was submitted under Sec. 173(2) Cr.P.C. on 10/1/2003 before the Magistrate concerned. The Magistrate vide its order dtd. 1/7/2003 has accepted the said final report, which is placed on record as Annexure-5. Subsequent to the acceptance of the final report, an application dtd. 13/10/2004 was filed by the Anti-Corruption Bureau before the court concerned stating that in terms of the investigation completed by the police authority a final report was filed, which has been accepted by the court below, however, the State authorities on the basis of some new facts which had come to its knowledge wants to re-investigate the matter and thus requested that the said authority be permitted to 're-investigate' the matter in exercise of power under Sec. 173(8) Cr.P.C. The said application was allowed by the Magistrate concerned vide its order dtd. 14/10/2004 recording that an application has been filed for re-investigation and as the offence is grave in nature, the permission is granted.