MOHD ISMAIL KHAN Vs. STATE OF U P

JUDGEMENT

(1.) NASEEMUDDIN, J. Heard learned Counsel for the parties. This petition has been filed under Section 482 Cr. P. C. mainly for the purpose of quashing charge sheet No. 89 dated 22-10-2000 filed by Investigating Officer of Police Station Tulsipur in case crime No. 183/2k of 2000 under Sections 147, 323, 504, 506, 498-A I. P. C. read with Section 3/4 Dowry Prohibition Act against the present petitioners No. 1 to 6 and consequential orders issuing process against the petitioners.

(2.) BRIEF facts relevant for the purpose of disposal of the present petition are that investigation in the case started after Opposite Party No. 2 Srimati Qitabul Nisha had lodged the First Information Report with the Police against the petitioners in respect of the above noted case. After investigation a report under Section 173 of the Code of Criminal Procedure was filed by the Police indicating that the case was not found against the petitioners. The complainant moved the police for taking action against the petitioners on which the higher police authority passed an order. The Investigating Officer moved the learned C. J. M. before whom the final report had been pending for issuing investigating again. Learned C. J. M. heard the Investigating Officer and passed orders on 19-9-2000 whereby he rejected the final report submitted earlier and ordered investigation. Thereafter, the case was again investigated/further investigated/re-investigated and charge-sheet was submitted which is under challenge. Learned Counsel for the petitioner says that this re-investigation was ordered because under sub-section (8) of Section 173 further investigation could be possible and no re-investigation could have been done. Sub-section (8) of Section 173 Cr. P. C. runs as follows: " (8) Nothing in this section shall be deemed to preclude further investigation in respect of an offence after a report under sub-section (2) has been forwarded to the Magistrate and, where upon such investigation, the officer in charge of the police station obtains further evidence, oral or documentary, he shall forward to the Magistrate a further report or reports regarding such evidence in the form prescribed, and the provisions of sub-section (2) to (6) shall, as far as may be, apply in relation to such report or reports as they apply in relation to a report forwarded under sub-section (2 ). "