YUNUS Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal revision has been filed by Yunus and Sant Ram & Ors. challenging the order dated 17.8.2013 passed by Chief Judicial Magistrate, Sitapur by which application under 169 Cr.P.C. wrongly mentioned as application under Section 173 Cr.P.C. by the investigating officer was rejected and the Chief Judicial Magistrate took cognizance against accused Mohd. Yunus and Sant Ram and directed the investigating officer for further investigation against other accused persons.

(2.) Learned counsel for the revisionist argued as the Magistrate has exceeded in its jurisdiction while he took cognizance against accused persons and simultaneously directed the investigating officer to investigate the matter for other accused persons.

(3.) In support of his argument of learned counsel for the revisionist has relied upon the decision of Apex Court reported in 2013 Criminal Law Journal 754 Vinay Tayagi Vs.Irshad Ali.