NAMDEV SHARMA Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Manish Tiwari, the learned Senior Counsel assisted by Sri Kartikeya Saran for the petitioner, Ms. Katyayini, learned counsel for the informant and Ms. Manju Thakur, the learned AGA.

(2.) Sri Swami Gopanand Ban Maharaj / respondent no. 4 lodged an FIR against the petitioner on 9.12.2018 as Case Crime No.1783/2018, under Sections 420/467/468/471/506 IPC in which after investigation, a final report came to be submitted on 7.1.2019. Respondent no. 4 filed a protest on 24.4.2019 before the learned CJM, Mathura who on 23.12.2019 rejected the final report and directed the matter to be treated as a complaint fixing dates for statements under Section 200 Cr.P.C. Meanwhile, the petitioner (Namdev Sharma) lodged two FIR's relating to forgeries and illegalities committed against respondent no.4 on 11.10.2019 and 25.10.2019 as Case Crime Nos.930/2019, under Sections 420/467/468/471/504/506/120-B IPC & 964/2019, under Sections 420/406/506 IPC, wherein after investigation, a charge-sheet came to be submitted on 20.2.2020 in Case Crime No.964/2019 against respondent no.4. It appears that respondent no. 4 not being satisfied with the investigation, preferred an application dated 14.9.2020 before the I.G., Agra Zone in which on the same date, he directed the S.S.P., Agra to get all the 3 matters investigated by the Crime Branch and directed to submit a progress report by 30.9.2020. Consequently investigation of all the 3 cases was handed over to Crime Branch on 16.9.2020. Challenging the orders dated 14.9.2020 and 16.9.2020, the present writ petition has been filed.

(3.) The learned Senior Counsel for the petitioner assiduously urged that once Case Crime No.1783/2018 after investigation on a protest, has been directed to be treated as a complaint then it was not open for respondent no.2 to transfer the investigation relating to the said case to the Crime Branch. To put it differently once the learned Magistrate under the order dated 23.12.2019 decided to take recourse and proceeded under Chapter XV of the Code then unless the learned Magistrate at the stage of Section 202 Cr.P.C itself directs for investigation to be conducted by police, the matter cannot be investigated by the police, the impugned order passed by respondent no. 2 is not sustainable in law in the garb of further investigation that too with no prior permission of the learned Magistrate.