PRAMOD KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Leave Granted.

(2.) This appeal has been preferred by the Appellants challenging the Judgment dtd. 20/11/2023 (hereinafter referred to as "impugned judgment") passed in Criminal Misc. Writ Petition No. 4000 of 2022 by the High Court of Judicature at Allahabad, Lucknow Bench (hereinafter referred to as "the High Court"). The writ petition filed by the Appellants was dismissed by the High Court, wherein it refused to quash the Orders dtd. 6/6/2019 and 26/4/2021 passed by the Respondent No. 1 and Respondent No. 4, respectively.

(3.) The sole question that arises for our consideration in the present appeal is whether after submitting a final report under Sec. 173(2) of the Criminal Procedure Code (for short "CrPC") (also refer to Sec. 193(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short "BNSS")), the police/investigating agency can conduct further investigation under Sec. 173(8) of CrPC (also refer to Sec. 193(9) of BNSS) without obtaining the leave of the Magistrate/ Court concerned?