Thereupon, on 2nd May, 1968, an application was moved in the High Court of Allahabad under section 561A, Cr.
The appellant has challenged this order of the High Court in this appeal brought up by special, leave.
P. Rana, for respondent No.
K. Garg, S. C. Agarwal, D. P. Singh, V. J. Francis and Chakravarty, for the appellant.
Appeal by special leave from the judgment and order dated January 15, 1969 of the Allahabad High Court in Criminal Misc.
P.C. This application was allowed by the High Court by its judgment dated 15th January, 1969, so that the High Court quashed the order of the Judicial Magistrate and held that the police of Gorakhpur was at liberty to companyclude the investigation and submit its report to the Magistrate after which the case companyld proceed in accordance with law.
The Judgment of the Court was delivered by Bhargava J A first information report was lodged by one Vijay Shanker Nigam in Police Station Cantonment, Gorakhpur, in respect of an incident alleged to have taken place at about 7 p.m. on 10th April, 1968 in front of his house.
The report stated that one Bipen Kumar Tiwari had been attacked by certain goondas who also stabbed him with a knife and further caused injuries ot Vijay Shankar Nigam also.
On the 13th April, 1968, the appellant moved an application before the Judicial Magistrate having jurisdiction to take companynizance of the offence, alleging that a false report bad been lodged against him at the companynivance and instance of the local police.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.256 of 1969.
One of the principal accused named in that report was S. N. Sharma, Additional District Magistrate Judicial , Gorakhpur, who is the appellant in this appeal.
The allegation against him was that it was at his instigation that the goondas had attacked Bipen Kumar Tiwari and attempted to murder him.
Case No.
The offences made out by the report lodged by Vijay Shankar Nigam were companynizable and the Police, after registering the case, started investigation.
The Magistrate, after hearing both parties, passed an order directing the police to stop investigation and decided to hold the enquiry himself.
It was urged that it would, therefore, be desirable in the interest of justice that provisions of section 159 of the Code of Criminal Procedure be invoked and the preliminary enquiry may be companyducted by the Court itself and necessary directions may be issued to the Police to stop the investigation.
1770 of 1968.
C., to quash the order passed by the Magistrate on 13th April, 1968, on the ground that he had numberjurisdiction to pass such an order under S. 159, Cr.
