HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 11199 of 2023 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State of U.P., learned counsel for the opposite party no.4 and perused the record. 2. This application under Section 482 Cr.P.C. has been filed to quash the notice dated 26.09.2023 issued under Section 160 Cr.P.C. by Investigating Officer and further set aside the operation of the order dated 08.08.2023 passed by the Superintendent of Police in Case Crime No.337 of 2022 under sections 386, 420, 120-B, 411, 34 IPC., Police Station Chhapia, District Gonda contained as Annexure no. 1 in the interest of justice. 3. Learned counsel for the applicant submitted that FIR in question was lodged on the complaint of applicant in FIR No.337 of 2022 under Sections 386, 420, 120-B, 411, 34 IPC. was lodged at Police Station Chhapia, District Gonda and after investigation, charge sheet bearing No.01 of 2023 dated 20.03.2023 was submitted against Shivam Tripathi under Sections 386, 420, 120-B, 411, 34 IPC and the investigation against Satyam Tripathi, Vijay Tripathi and Shubham Singh was going on. Thereafter, charge sheet No.2 dated 08.05.2023 was submitted by the Investigating Officer under Sections 386, 420, 120-B, 34 IPC against rest of the accused persons namely Satyam Tripathi, Vijay Tripathi and Shubham Singh. Thereafter, cognizance was taken by the court below on the aforesaid charge sheets. Versus Counsel for Applicant(s) : Pravin Kumar Singh, Anupama Bhadauria Counsel for Opposite Party(s): G.A., Angad Prasad Shukla, Anurag.S.Kaalesh Harikesh Tiwari .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home, Lko. And Others .....Opposite Party(s) 4. It is stated that one of the accused moved an application for further investigation before the police authorities. Then Mr. R.P. Yadav, Inspector, SIT Crime Branch, Gonda moved an application before Civil Judge, (Junior Division), FTC Gonda and requested for permission to conduct further investigation but the same was refused by the learned court below on the same day. Thereafter, notice under Section 160 Cr.P.C. was issued by the Investigating Officer on 26.09.2023 calling the applicant for recording his statement under Section 161 Cr.P.C., which is not permissible and the request for further investigation was refused by the learned court below. 5. Learned counsel for the applicant further relied upon the decision of Hon'ble Supreme Court in the case of Peethambaran vs. State of Kerala and another in Criminal Appeal No.1381 of 2023 : 2023 LiveLaw (SC) 402 and submitted that once the charge sheet is filed and cognizance is taken by the competent court then without obtaining permission from the Magistrate or High Court further investigation cannot be conducted. Therefore, the impugned notice dated 26.09.2023 issued by the Investigating Officer is quashed and Superintendent of Police, Gonda be restrained from ensuring any further investigation of the re- investigation. in the crime in question. Learned counsel for the applicant also submitted on the basis of aforesaid charge sheets, trial is going on and PW1 is being examined. 6. Learned AGA vehemently opposed the prayer of applicant and submitted that the Investigating Officer had moved an application dated 14.08.2023 only for obtaining the photocopies of the case diary which was declined by the court below with the observation that he may procure the documents from the copying section. He has also relied upon written instructions duly signed by Superintendent of Police, Gonda and submitted that vide order dated 08.08.2023 of Superintendent of Police, Gonda further investigation was started which was assigned to Shri R.P. Yadav, Inspector, Crime Branch. Shri R.P. Yadav conducted the investigation and came to the conclusion that no offence is made out and final report dated 10.11.2023 was prepared. In compliance of the order dated 14.12.2023, the police report on the basis of investigation conducted by Shri R.P. Yadav, Inspector, Crime Branch could not be submitted. A482 No. 11199 of 2023 2 7. Considering the submission of learned counsel for the parties and going through the contents of the application as well as the written instructions duly signed by Superintendent of Police, Gonda and the judgment relied upon by learned counsel for the applicant, it is undisputed fact that one charge sheet was submitted by Investigating Officer against Shivam Tripathi and another supplementary charge sheet was filed against the rest of three accused persons and the cognizance was taken by the learned competent court but without obtaining any prior permission from the competent court, the Superintendent of Police, Gonda ordered for further investigation and assigned the investigation to Shri R.P. Yadav, Inspector, Crime Branch. As the Hon'ble Supreme Court has categorically laid down in the case of Peethambaran vs. State of Kerala and another (Supra) that once the charge sheet is filed and cognizance is taken by the competent court then without prior permission from the Court, Magistrate or higher court, no further investigation can be conducted. 8. As no permission was obtained from the competent court, therefore, the entire investigation conducted by Shri R.P. Yadav Inspector, Crime Branch, in pursuance of the Order No.-Reader/C- 16/2023 dated 08.08.2023 passed by the Superintendent of Police, Gonda is nonest. Accordingly, the same is liable to be set aside. 9. The application is allowed. The order dated 08.08.2023 passed by the Superintendent of Police in Case Crime No.337 of 2022 under sections 386, 420, 120-B, 411, 34 IPC., Police Station Chhapia, District Gonda is hereby, quashed. 10. As the trial on the basis of charge sheet is going on therefore, the trial court is also directed to conclude the trial expeditiously, in accordance with law. 11. Written instructions placed before this Court by learned AGA is also taken on record. November 24, 2025 Pks A482 No. 11199 of 2023 3 (Rajeev Singh,J.) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench