Neutral Citation No. - 2025:AHC:26506 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 4510 of 2025 Applicant :- Awdhesh Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Kumar Singh Counsel for Opposite Party :- G.A.,Vivek Kumar Singh Hon'ble Vikas Budhwar,J. 1. Heard Shri Santosh Kumar Singh, learned counsel for applicant and Shri Vikas Sharma, learned State Law Officer for the State and Shri Brijesh Kumar Pandey(A/B 0322/2017), Advocate holding brief of Shri Vivek Kumar Singh, learned counsel for opposite party no. 2. 2. Primarily, in essence, the relief sought by the applicant is to allow the application and to quash the impugned order dated 20.12.2024 passed by Chief Judicial Magistrate,District- Ghazipur in Criminal Case No. 428 of 2023 (State Vs. Pawan Tiwari) under Sections 323, 506 and 307 I.P.C., arising out of Case Crime No. 172 of 2022, Police Station- Bhudkura, District- Ghazipur and to direct the Court below to decide the application under Section 173(8) Cr.P.C. 3. Learned counsel for the applicant submits that he is not challenging the order dated 20.12.2024 on merit, however, the only grievance is regarding directing for re-investigation of the case under Section 173(8) Cr.P.C. 4. Learned counsel for opposite party no. 2 has produced before this Court an order passed in Application U/S 482 No. 31643 of 2023 (Awadhesh Singh and another Vs. State of U.P. and another) on 28.08.2023 wherein the following order was passed. "1. Sri Vivek Kumar Singh, Advocate has filed vackalatnama on behalf of opposite party No. 2 today in Court, which is taken on record. 2. Heard learned counsel for the applicants, learned counsel for opposite party No. 2, learned A.G.A. for the State and perused the record. 3. This application under Section 482 Cr.P.C. has been filed with the prayer to quash the charge sheet dated 28.2.2023 and cognizance/summoning order dated 11.5.2023 and non bailable warrant dated 20.7.2023 as well as entire proceedings of Case No. 428 of 2023 (State Vs. Pawan Tiwari) arising out of case crime No. 172 of 2022, under Sections 323, 506, 307 IPC, Police Station- Bhudkuda, District- Ghazipur, pending in the court of Judicial Magistrate-II, Saidpur, Ghazipur. 4. After some arguments, learned counsel for the applicants has made a statement at the Bar, on instructions, that he does not want to press other prayers made in the instant application and states that the applicants are ready to appear before the court below and seek their bail and that their release be considered in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another reported in (2022) 10 SCC 51. 5. Per contra, learned AGA as well as learned counsel for the opposite party No. 2 states that he has no objection to the aforesaid prayer made by learned counsel for the applicant for not pressing the other prayers made in the instant application. 6. In view of the above, in case the applicants appear before the court below within three weeks from today and seek bail, their release be considered in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another reported in (2022) 10 SCC 51. 7. With the aforesaid observations, this application under Section 482 Cr.P.C. is finally disposed off. " 5. He as well as learned State Law Officer submit that the applicant has got no right to insist for re-investigation particularly it is the prerogative of the Court for directing for re-investigation once the investigation is found to be suffering from any lacuna or some errors have crepted. 6. On a pointed query being raised to the learned counsel for applicant regarding his locus he could not point anything. 7. Having learned counsel for the parties, the Court is of the opinion that the present application is not maintainable that no relief whatsoever could be granted. 8. The application stands consigned to records. Order Date :- 24.2.2025 Saurabh Digitally signed by :- SAURABH High Court of Judicature at Allahabad