CHANDRA PRAKASH TYAGI Vs. STATE OF U P

JUDGEMENT

(1.) S. K. Phaujdar, J. All these four cases have been taken up together as a common prayer has been made and a com mon point of law arises. These applica tions relate to case Crime Nos. 178 of 1991 (under Section 307 I. P. C. , RS. Khekhra), 87 of 1997 (under Section 302, I. P. C, P. S. Modi Nagar), 352 of 1991 (under Section 307, I. P. C, P. S. Brahmapuri), 523 of 1993 (under Sections 147, 148, 149 and 307, I. P. C, P. S. Lalunti), all belonging to Dis trict Meerut.

(2.) IN the first-mentioned case, the applicant was not mentioned in the F. I. R. The only person named therein was Rabi Datt Tyagi against whom a charge-sheet was submitted. It is stated that Rabi Dati is dead but there has been an initiation of a further investigation after submission of the charge-sheet. IN the second-men tioned case, one Kamal Kishore was named in the FIR with two unknown per sons and charge-sheet was submitted. IN this case also further investigation has been taken (sic) subsequently. The third case, as above, was initiated against Rabi Datt Tyagi and another. There was no in jury caused to anybody. Rabi Datt Tyagi was allegedly arrested on the spot. Charge-sheet was submitted. Rabi Datt died there after and subsequently a further investiga tion has been started in this case.

(3.) WHEN asked as to whether this Court in exercise of powers under Section 482, Cr. PC. could interfere in investiga tion in view of the positive bar as pronounced by this Court in Ram Lal's case as also in the case of A. S. Bindra (Crl. Misc. Writ Petition No. 1342 of 1997), the learned Counsel submitted that once charge-sheet was submitted the Court could exercise its powers under Section 482, Cr. P. C. and it would not be an inter ference in the investigation.