ANIL BARANWAL Vs. STATE OF U P

JUDGEMENT

(1.) THIS application has been filed by the applicant Anil Baranwal with a prayer to quash the Charge-Sheet No. 94 of 2008 in Case Crime No. 420 of 2003 under Sections 419, 420, 467, 468, 471, 504, 506 and 120B, I.P.C. pending in the Court of learned Chief Judicial Magistrate, Mirzapur vide Criminal Case No. 1678 of 2008.

(2.) THE facts, in brief, of this case are that the F.I.R. has been lodged by O.P. No. 2 Omkar Nath at Police Station Kotwali City, Mirzapur in which the charge-sheet dated 19.8.2003 has been submitted, on which the learned Magistrate concerned has taken the cognizance and summoned the applicant and other co-accused persons to face the trial. The allegation against the applicant and other co-accused persons is that a portion of the house was given by O.P. No. 2 on rent to co-accused Ram Bilas Mishra for which the rent deed dated 1.12.1995 was executed, it was renewed on 1.11.1996, the boundaries of the rented house clearly mentioned in the above mentioned deed. But for the purpose of grabbing the house, the accused persons prepared a forged rented deed and receipt , thereafter, the accused persons hurled the abuses and extended the threat of life to the O.P. No. 2, after investigation, the charge-sheet dated 7.11.2003 was submitted against the co-accused Ram Bilas Mishra, Raj Kumar Sharma and Umesh Chandra Shukla, thereafter, the Superintendent of Police, Mirzapur directed the S.H.O. of Kotwali City, Mirzapur for doing further investigation under Section 173 (8) of the Code of Criminal Procedure, after obtaining the permission from the Court, thereafter, the further investigation was done and the charge-sheet has been submitted against the applicant and five other co-accused persons including Ram Bilas Mishra, Raj Kumar Sharma and Umesh Chandra Shukla. Being aggrieved from the above mentioned charge-sheet, the present application has been filed for the purpose of quashing the same.

(3.) IN reply to above contention, it is submitted by learned A.G.A. that in this case, the investigation was done by the Investigating Officer and charge-sheet was submitted against three persons under Sections 504 and 506, I.P.C., the superior officers were not satisfied with the investigation done by the Investigating Officer, thereafter the S.P., Mirzapur, who is a superior officer, directed for doing further investigation after obtaining permission from the Court for which the application was given by the Investigating Officer, the Court was duly informed according to the provisions of Section 173 (8), Cr. P.C., the prior permission of the Court is not pre-condition. There is no illegality in doing the further investigation and submitting the charge-sheet in the Court of learned Chief Judicial Magistrate, the present application is devoid of merits, the same may be dismissed.