HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 11738 of 2024 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Heard learned counsel for the applicant, learned AGA for the State and perused the record. 2. The present 482 Cr.P.C. application has been filed with a prayer to quash impugned order dated 16.07.2024 passed by Additional Sessions Judge/FTC., Pratapgarh in Session Trial No.1437 of 2022 (State vs. Munna Saroj & os) and also prays for direction to further investigate by any independent agency. 3. Learned counsel for the applicant submitted that the applicant was falsely implicated in the present case. After investigation, no evidence was found against the applicant as a result, name of applicant was dropped. Charge sheet was submitted against other four accused persons. Thereafter, case was committed to the court of Sessions and trial proceeded. It is further submitted that cognizance was taken by the learned Magistrate on the charge sheet and summons were issued to the applicant, as his name was dropped by the Investigating Officer. Thereafter, case was committed and charge was framed against the applicant also and trial proceeded. It is submitted that the applicant filed an application for further investigation annexing pen drive as video of the incident was also recorded. At the time of incident, applicant was present at petrol pump for filling the fuel in his car but this fact was not considered as also timing was not considered by the Investigating Officer in the case diary, therefore, further investigation was to be ordered but the learned court below rejected the application in a most cryptic manner by saying that the trial has already been commenced therefore, application for further investigation is not maintainable. Versus Counsel for Applicant(s) : Vikas Vikram Singh, Ashish Kumar Maurya, Sheela Baidya, Syed Mehfuzur Rehman Counsel for Opposite Party(s) : G.A. Santosh Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) 4. Learned counsel for the applicant relied upon the decision of Hon'ble Supreme Court in the case of Ram Pal Gautam vs. The State by Mahadevapura, Police Station, Mahadevapura, Bengaluru and another in SLP (Criminal) No.7968 of 2016 dated 28.01.2025 and submitted that the Hon'ble Supreme Court has categorically observed that further investigation can be ordered even trial is pending. Therefore, the impugned order may be set aside and a direction may be issued and the application for further investigation may be allowed directing the competent Officer to further investigate the matter and submit a supplementary report to the court concerned. 5. Learned AGA vehemently opposed the prayer of applicant but he does not dispute the legal pronouncement of Hon'ble Supreme Court in the case of Ram Pal Gautam (Supra). 6. Considering the submissions of learned counsel for the parties and going through the contents of the application as well as other material including the judgment relied by learned counsel for the applicant in the case of Ram Pal Gautam (Supra) as it is well settled that order for further investigation can be passed at any stage of the trial, if it is found fit therefore, merely on the basis that the trial had already been commenced, application should not be rejected. 7. Accordingly, application is allowed. The impugned order dated 16.07.2024 passed by the learned court below is hereby set aside with a direction to the court concerned to decide the application for further investigation of the applicant considering the law laid down by Hon'ble Supreme Court in the case of Ram Pal Gautam (Supra) within a period of ten days from the date of production of certified copy of this order. November 27, 2025 Pks A482 No. 11738 of 2024 2 (Rajeev Singh,J.) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench