Allahabad High Court
Jawahir Ram Maurya vs State Of U.P. And 11 Others on 19 July, 2023
Bench: Vivek Kumar Birla, Rajendra Kumar-Iv
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:143151-DB
Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 5921 of 2023
Petitioner :- Jawahir Ram Maurya
Respondent :- State Of U.P. And 11 Others
Counsel for Petitioner :- Sudarshan Singh
Counsel for Respondent :- G.A.,Bairister Singh
Hon'ble Vivek Kumar Birla,J.
Hon'ble Rajendra Kumar-IV,J.
1. Heard Sri Shashank Singh holding brief of Sri Sudarshan Singh, learned counsel for the petitioner, Sri Bairister Singh, learned counsel appearing for the respondent no. 4 and Sri G.P. Singh, learned A.G.A. appearing for the State respondents.
2. Present petition has been filed with the following prayer:-
(i) issue, a writ, order or direction in the nature of mandamus directing the police authority not to do fresh investigation, relation to F.I.R. dated 04.09.2022, in Case Crime No. 212 of 2022, Under Section 147, 323, 504, 506, 325, 308 I.P.C., P.S. Mirzamurad, District Varanasi."
3. On 1.5.2023 following order was passed:-
"Heard Sri Shashank Sharma, Advocate, holding brief of Sri Sudarshan Singh, learned counsel for the petitioner, Sri Bairister Singh, learned counsel for respondent nos. 4 to 12 and Sri A.N. Mulla, learned A.G.A. for the State.
The present writ petition has been preferred with the prayer to issue a writ, order or direction in the nature of mandamus directing the police authority not to do fresh investigation, in relation to first information report dated 04.09.2022 registered as Case Crime No. 212 of 2022 under Sections 147, 323, 504, 506, 325, 308 I.P.C., Police Station- Mirzamurad, District- Varanasi.
Submission of learned counsel for the petitioner is that the petitioner herein is the informant. One first information report dated 04.09.2022 was registered as Case Crime No. 212 of 2022 under Sections 147, 323, 504, 506 I.P.C. During investigation, Sections 325, 308 I.P.C. were added and charge-sheet was submitted against accused persons/ respondent nos. 4 to 12 u/s 147, 323, 504, 506, 325, 308 I.P.C. on 20.12.2022, cognizance was taken whereof on 13.03.2023 and summons were issued to respondent nos. 4 to 12 and thereafter, proceedings of the aforesaid case is pending in the court of A.C.J.M.- X, Varanasi and the petitioner has come to know that further investigation has been directed by the higher police authorities on application filed by the accused persons. Submission, therefore, is that no such further investigation can be directed at the instance of the accused persons particularly after cognizance has been taken and summons have been issued.
Per contra, learned counsel for the respondent nos. 4 to 12 submits that there is no bar u/s 173(8) Cr.P.C. regarding further investigation that may be conducted by the police on the instructions of the higher authorities.
Learned A.G.A. submits that as per his instructions, further investigation has been directed by respondent no. 2, Additional Commissioner of Police, Varanasi, on 10.03.2023 at the instance of the accused persons who have been charge-sheeted. The aforesaid direction of respondent no. 2 has been communicated to the court. On a pointed query as to whether after cognizance has been taken and summons have been issued to accused persons, what remedy would be open to the accused persons, Sri A.N. Mulla, learned A.G.A. fairly admits that the option open to the accused persons is either to file discharge application or to challenge the charge-sheet and further investigation as directed by the higher police authorities in this case, at the instance of the accused, would not serve the interest of justice.
Put up this case on 05.07.2023 as a fresh case.
In the meantime, learned A.G.A. may seek instructions or file affidavit in the matter as purely legal question is involved.
Till the next date of listing, further investigation in relation to first information report dated 04.09.2022 registered as Case Crime No. 212 of 2022 under Sections 147, 323, 504, 506, 325, 308 I.P.C., Police Station- Mirzamurad, District- Varanasi, as directed by respondent no. 2, shall remain stayed."
4. In pursuance of the aforesaid order learned A.G.A. has produced before this Court the instructions received by him on 15.7.2023 from Sub Inspector, Police Station Mirzamurad, District Varanasi. Along with the instructions copy of the application filed by the aforesaid Investigation Officer in the court of Judicial Magistrate-IV, District Varanasi in the impugned Case Crime No. 212 of 2022 for granting permission under Section 173(8) Cr.P.C. for further investigation has been annexed.
5. By an endorsement dated 27.3.2023 copy of the application was submitted before the court concerned and on which vide order dated 13.4.2023 permission was granted by the court below by passing following order:-
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6. This clearly reflects that the permission was granted by the trial court.
7. There can be no dispute about the fact that the powers for further investigation are available with the police authority after taking permission from the court. A reference may be made to a latest judgment of Hon'ble Apex Court in the case of Peethambaran vs. State of Kerala and another 2023 SCC Online SC 553, wherein earlier judgments on the issue have also been considered.
8. In such view of the matter, we find the present is devoid of merits and is accordingly dismissed.
Order Date :- 19.7.2023
Lalit Shukla
