VINEY TYAGI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri V.M. Zaidi, learned Senior Advocate for the petitioner and learned Additional Government Advocate.

(2.) It is argued by the learned counsel for the petitioner that the coaccused persons, Neeraj Bhati, Dharmendra @ Babi, Manoj Kumar Yadav who were charge sheeted and tried were acquitted by the judgement dated 14.12.2006 passed by the Additional Sessions Judge, Court No. 15, Meerut in S.T. No. 772 of 2006. This order of acquittal was allowed to become final. The Senior Superintendent of Police, Meerut, Circle Officer (City), Meerut and the Station House Officer, PS Civil Lines, Meerut has however re-opened the case by commencing investigation against the petitioner without seeking permission from the Magistrate, on the basis of the statement of the co-accused Neeraj, who had already been acquitted by the trial court on 14.12.06. This it was submitted was not permissible in law.

(3.) Learned counsel also referred to the decision of the Apex Court in Mithabhai Pashabhai Patel and others v. State of Gujarat, 2009 2 SCC(Cri) 1047, for the proposition that re-investigation was not permissible, although further investigation may not be objected to.