Allahabad High Court
Shailendra Kumar Tiwari And 4 Others vs State Of U.P. Thru. Addl. Chief Home Lko. ... on 19 August, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2025:AHC-LKO:48511
Court No. - 14
Case :- APPLICATION U/S 482 No. - 6161 of 2025
Applicant :- Shailendra Kumar Tiwari And 4 Others
Opposite Party :- State Of U.P. Thru. Addl. Chief Home Lko. And Another
Counsel for Applicant :- Sachin Pandey,Satyendra Kumar Tiwari
Counsel for Opposite Party :- G.A.,Basant Pandey,Durgesh Kumar Shukla
Hon'ble Shree Prakash Singh,J.
On 29.07.2025, the following order was passed:
"Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
By means of the instant application, the applicants have prayed to quash the impugned Charge sheet dated 04.02.2024 U/s- 323, 504, 506, 308, 147 of IPC, P.S.- Kurebhar District-Sultanpur arising out of Case Crime No. 326 of 2023 as well as Summoning order dated 01.03.2024 N.B.W. dated 18.07.2025 as well as entire proceeding of Criminal Case No. 638 of 2024 arising out of Case Crime no. 326 of 2023 U/s-323, 504, 506, 308, 34 of IPC, P.S.- Kurebhar, District- Sultanpur.
The contention of learned counsel appearing for the applicants is that earlier the investigation was concluded and chargesheet was filed against the applicants and being aggrieved the applicants instituted an application under section 482 Cr.P.C. No. 11347 of 2024 wherein, on 20.12.2024, the following order was passed:-
"1. Heard learned counsel for the applicants, learned A.G.A. for the State and learned counsel appearing for the complainant.
2. The present application has been filed with a prayer to quash the order dated 29.10.2024 passed by Session Judge, Sultanpur in Criminal Revision No. 187 of 2024 arising out of F.I.R. No. 326 of 2023, under Sections 323, 504, 506, 308, 34 I.P.C., P.S. Kurebhar, District Sultanpur.
3. Learned counsel for the applicants submits that the applicants was beaten by the informant of the present case along with others and the said incident was captured in the CCTV. Thereafter, the applicants went to the police station for lodging of the F.I.R. after having been medically examined, but in place of lodging F.I.R., the police registered N.C.R. No. 97 of 2023 dated 14.12.2023 under Sections 323, 504 I.P.C. against Sher Bahadur Tiwari, Dhananjay Tiwari, Roshan Tiwari and Rohit Tiwari (respondent no. 2) at 19.46 hrs. The F.I.R. of the case in question was lodged by respondent no. 2 against the applicants at 19.40 hrs. It is further submitted that investigation of the case in question was proceeded by the police without considering the medico legal report of the applicants and charge sheet was submitted by the Investigating Officer in mechanical manner without taking relevant evidences provided by the applicants in accordance with the provisions of Para 107 of U.P. Police Regulation. It is also submitted that after interference of this Court, investigation in NCR No. 97 of 2023 was initiated by the police, but in reluctant manner.
Learned counsel for the applicants next submits that when charge sheet was submitted by the Investigating Officer in the present case against the applicants, one application was moved before the Superintendent of Police that neither the statement of applicants nor CCTV footage or other evidences provided by the applicants to the Investigating Officer were taken into consideration and, therefore, appropriate order may be passed for further investigation in the matter. After considering the grievance of the applicants raised by means of the said application dated 08.02.2024, Additional Superintendent of Police passed an order on 27.02.2024 for further investigation in accordance with the proviso of Section 173(8) Cr.P.C., permission of which, was also granted by the Additional Chief Judicial Magistrate, Sultanpur on 14.05.2024. It is submitted that the said order dated 14.05.2024 was challenged before the Sessions court by filing Revision No. 187 of 2024, which was allowed vide impugned order dated 29.10.2024 in mechanical manner with the observation that the court below failed to interpret 'further investigation' and 're-investigation' Further placing reliance on the decision of the Hon'ble Supreme Court in the case of State of West Bengal & Ors. Vs. The Committee For Protection of Democratic Rights, West Bengal & Ors., (2010) 3 SCC 571, learned counsel for the applicants submits that aggrieved persons, including the witness or accused or victim can approach for fresh investigation of a crime and there was no illegality in the order passed by the court below for further investigation in matter on the request of the police. It is vehemently submitted that the revisional court committed error in passing the impugned order by setting aside the order for further investigation by interpreting 'further investigation' and 're-investigation'. It is, thus, submitted that the indulgence of this Court is necessary and the impugned order is liable to be set aside.
4. Learned counsel appearing for the complainant vehemently opposes the prayer of the applicants and submits that investigation had already properly been conducted and after considering all the evidences, the Investigating Officer submitted the charge sheet. However, he is unable to justify that how the Investigating Officer has considered the injuries found on the body of the applicants. He also fails to justify the order passed by the revisional court.
Learned A.G.A., while supporting the arguments advanced by the learned counsel for the complainant, submits that after detail investigation, charge sheet was submitted and all the defence can be raised by the applicants at the appropriate stage. However, he does not dispute the provision of Rule 107 of U.P. Police Regulation as well as proviso of Section 173(8) Cr.P.C. (now Section 193(9) of BNSS).
5. Considering the arguments advanced by the learned counsel for the applicants, learned A.G.A., learned counsel for the complainant and going through the contents of the application, impugned order as well as other relevant documents including the proviso of Rule 107 of U.P. Police Regulation, proviso of Section 193(9) of BNSS, it is evident that CCTV footage and medico legal report of the applicants were not considered by the Investigating Officer of the present case. It is further evident that when all these facts came into the knowledge of Additional Superintendent of Police, Sultanpur by means of application dated 08.02.2024, he passed the order dated 27.02.2024 for further investigation. Thereafter, approval for the same has also been granted by the court below vide order dated 14.05.2024. However, the said order was challenged before the Sessions court, who committed error in interpreting the order passed by the court below and quashed the same in the shadow of observation made towards 'further investigation' and 're-investigation'. However, it is apparent that there is no such observation made by the court below related to 'further investigation' or 're-investigation' and the court below vide order dated 14.05.2024 granted the request of Additional Superintendent of Police, Sultanpur for further investigation.
6. In view of above facts and discussions, this Court is of the considered view that there is no illegality in the order of the court below for further investigation in the matter and the revisional court committed error in passing the impugned order and, therefore, the same is liable to be set aside.
7. In such circumstances, the application stands allowed.
Order dated 29.10.2024 passed by Session Judge, Sulanpur in Criminal Revision No. 187 of 2024 is hereby set aside.
8. Superintendent of Police, Sultanpur is directed to ensure further investigation in the present matter. He is also directed to ensure investigation in NCR No. 97 of 2023 (supra) and submit a police report to the competent court in accordance with law, if possible, within a period of three months from the date of production of a certified copy of this order."
Referring the aforesaid, he submits that the application under section 482 Cr.P.C. was allowed and the impugned order passed thereof was set aside and at the same time, the Superintendent of Police, Sultanpur was directed to ensure further investigation in the matter. He has drawn attention towards page 140 of the application, which is part of supplementary case diary dated 27.10.2024 placed by Surya Pal Singh, Sub-Inspector, Police Station-Kurebhar District- Sultanpur wherein, it is apparent that no further investigation was conducted and the investigation conducted by the earlier Investigating Officer has been stamped. He submits that there is not only the violation of the judgment and order passed by the coordinate bench of this Court dated 20.12.2024, but also on the basis of erroneous investigation, the trial court has also proceeded in the matter which vitiates the same, thus, submission is that the whole proceedings is abuse of process of law and the applicants are suffering for their no fault. Therefore, submission is that the criminal proceedings against the applicants arising out of Case Crime No. 326 of 2023 may be quashed.
Learned A.G.A. appearing for the State though has opposed the matter, but she prays fro a weeks time to seek detail instructions in this matter.
As prayed, list/put up this matter on 07.08.2025 in the list of fresh cases.
Till the next date of listing, non-bailable-warrant dated 18.07.2025 is kept in abeyance."
Learned AGA appearing for the State has placed instructions, and the same reads as under:-
"???? ???? ????? ?? ?? ???? ????????? ????? ?????? ??? ???????? ?? ????? ????? ??? ?????? ????? 11347/2024 ??? ?????? 20.12.2024 ????? ???? ?? ????? ?? ??????? 326/2023 ???? 323,504,506,308,147 ???????? ??? ???????????? ???? ??? ?????? 27.10.2024 ?? ???? ???? ???? ?? ?????? 09.12.2024 ?? ?????? ???????? ??? ????? ???? ?? ???? ?? ??? ??????????? ?? ?????? ????? ???? ?? ??????? ????? ??? ????????? ????? 97/2023 ???? 323,504 ???????? ?? ?????? ?????? ??????? ????? ???? ??? ???? ???? ?????? 01.03.2025 ?? ???? ?? ?????? 08.04.2025 ?? ?????? ???????? ??????? ???? ?? ???? ??? ???????? ??? ??? ????/?????????? ?????? ???? ?????? ?? ?????? ?? ??? ???"
From a perusal of the report SCD (2) dated 27.10.2024, it is evident that the further investigation is areiterationof the earlier investigation and in fact, the order passed by this Court dated 20.12.2024 has not been complied with in its letter and spirit. Admittedly, no further investigation was done by the Police authority.
In view of aforesaid, theSuperintendentof Police, Sultanpur is directed to ensure that further investigation, as is directed in terms of the 20.12.2024 is completed within a period of 60 days.
The criminal proceedings shall remain stayed against the appellants only till filing of Police report by the Investigating Officer, so appointed in terms of the order dated 20.12.2024. After the submission of report, the trial court shall proceed with the matter, in accordance with law.
With the aforesaid observation, the instant application is hereby disposed of.
Order Date :- 19.8.2025
Haseen U.
