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Judgment
Shri Narayan Shukla,J.
The petitioner was compulsorily retired on 15th of April, 2002. On retirement, it appears, that he did not hand over some relevant documents to the officer concerned. A First Information Report was lodged against him under Section 409 IPC, which has been investigated and the petitioner has been charge sheeted. However, in the meantime, the petitioner was reinstated in service in the month of October, 2002 and after discharging the whole period of service, he retired satisfactorily on 31st of December, 2008.
The learned counsel for the petitioner submits that after reinstatement, the petitioner discharged his duties alongwith the documents, which have been claimed as taken away by him and now after retirement he has handed over the complete charge.
In light of the aforesaid facts, the learned counsel for the petitioner also submits that a direction be issued to the learned Magistrate for reinvestigation of the case.
Considering this fact I hereby dispose of the petition finally by giving liberty to the petitioner to move an application through counsel for further investigation before the learned Magistrate, which shall be considered and disposed of expeditiously. It is further provided that till disposal of the said application, the summoning order dated 18th of February, 2011, issued by the learned Additional Civil JudgeIII, Lakhimpur Kheri in Criminal Case No.6957 of 2009, arising out of Case Crime No.220 of 2002, under Section 409 IPC, relating to Police Station Isa Nagar, district Kheri, shall not be given effect to.