NARENDRA KUMAR AGRAWAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Challenge is made to the order dated 5/07/1996 passed by the VIII Additional District and Sessions Judge, Moradabad in Criminal Case No. 2 of 1995, whereby permission was accorded to the Inspector, Anti-Corruption Department, Moradabad, respondent No. 2 for further investigation in case crime No. 1149 of 1994, under Section 120-B/409/420/467/471/I.P.C. read with Section 13 of the Prevention of Corruption Act, police station Civil Lines, district Moradabad.

(2.) Short fact as borne out from the F.I.R., copy whereby at Annexure 1, is that two officials of the State Police named therein embezzled Government money by creating some forged documents. On the basis of the said report aforesaid case was registered and after investigation final report was laid. Before any order was passed on such report, a protest petition was filed by the informant and simultaneously respondent No. 2 moved an application seeking permission for further investigation pursuant to the Government Order dated 1-1-1996 authorising him to investigate the case. In the meanwhile, the petitioner, who is named as one of the accused in the F.I.R. appeared and opposed the request for further investigation. Learned Additional Sessions Judge, while rejecting the petitioner's prayer on the ground that he has no locus standi to challenge the aforesaid two petitions, permitted respondent No. 2 to take up further investigation in terms of the provision contained in Section 173(8), Cr.P.C.

(3.) Permission for further investigation was sought, for on the ground that the investigating officer did not examine and record the statement of those persons to whom money was said to have been paid and that expert opinion was not obtained as to the thumb impressions which were alleged to be forged. These grounds weighed with the learned Court below to allow the prayer for further investigation.