HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 51916 of 2025 Court No. - 81 HON'BLE MADAN PAL SINGH, J. Rejoinder affidavit filed today on behalf of the applicant is taken on record. 1. Heard Sri Bhanu Prakash Verma, learned counsel for the applicant, Sri Kamal Kishor Mishra, learned counsel for opposite party no. 2, and learned A.G.A. for the State and perused the material available on record. 2. This application under Section 528 B.N.S.S. has been filed by the applicant, Sandeep, seeking quashing of Charge Sheet No. 81(A)/2024 dated 01.04.2025, arising out of Case Crime No. 443 of 2023, under Sections 323, 325, 504 and 506 I.P.C., Police Station Chhata, District Mathura, as well as the entire proceedings of Criminal Case No. 4228 of 2025 (State vs. Sandeep), pending in the court of Civil Judge (Junior Division)/Judicial Magistrate, Chhata, District Mathura. Pleadings are complete. 3. The brief facts of the present case are that on 25.10.2023, during a wrestling (dangal) event at Kasba Chhata, Mathura, Krishna, son of the first informant, won a wrestling match and thereafter a dispute arose regarding payment of the prize money. It is alleged that the accused persons pulled Krishna down from the stage and assaulted him with lathis, dandas and iron rods, causing injuries. He was medically examined on the same day at District Hospital, Mathura, in the injury report, four fresh contusions caused by a hard and blunt object were found. The FIR was lodged after about 43 days, on 08.12.2023, 4. Versus Counsel for Applicant(s) : Bhanu Prakash Verma Counsel for Opposite Party(s) : G.A., Kamal Kishor Mishra Sandeep .....Applicant(s) State of U.P. and Another .....Opposite Party(s) registered as Case Crime No. 443 of 2023 under Sections 323, 325, 504 and 506 I.P.C. at Police Station Chhata, District Mathura. During the investigation, the present applicant was exonerated and the first charge-sheet dated 15.03.2024 was submitted only against the co- accused. Thereafter, on the directions of the superior officers, further investigation was conducted by the same Sub-Inspector and a second charge-sheet dated 01.04.2025 was submitted against the present applicant. On the basis of the said charge-sheet, the learned Magistrate passed the impugned order dated 14.05.2025, taking cognizance and summoning the applicant. Learned counsel for the applicant submits that the further investigation, on the basis of which the second charge-sheet was submitted against the applicant, was conducted without obtaining permission from the Magistrate concerned under Section 173(8) Cr.P.C. It is argued that, after submission of the first charge-sheet, the police could not have proceeded with further investigation merely on the directions of superior police officers without the permission of the concerned Magistrate. In support of his contention, learned counsel for the applicant has placed reliance upon the judgment of the Hon'ble Apex Court in Pramod Kumar v. State of U.P., 2026 INSC 120, decided on 04.02.2026. He, therefore, submits that the second charge-sheet submitted against the applicant pursuant to such further investigation is not sustainable in law. 5. Learned counsel for the applicant further submits that the first investigation had already been completed and the applicant was exonerated by the Investigating Officer. Thereafter, without obtaining permission from the concerned Magistrate, further investigation was conducted on the directions of the superior police officers and, on the basis thereof, the applicant was subsequently charge-sheeted. It is, therefore, submitted that the second charge-sheet is the result of an investigation conducted without following the proper procedure and, hence, the proceedings arising out of the same are liable to be quashed. 6. Learned A.G.A. for the State and learned counsel for opposite party no. 2 have not disputed the aforesaid submissions of the applicant. They submit that from the statements of the injured and other witnesses, it is clear that the applicant along with his companions abused and 7. NA528 No. 51916 of 2025 2 assaulted the injured Krishna and thereafter fled from the spot after giving threats. Therefore, a prima facie case is made out against the applicant. Having considered the submissions of the learned counsel for the parties and perused the record, it appears that the applicant was exonerated during the initial investigation and the first charge-sheet was submitted against the co-accused. Thereafter, further investigation was conducted on the directions of the superior police officers and the applicant was subsequently charge-sheeted. It is not disputed that no prior permission of the concerned Magistrate was obtained for conducting such further investigation under Section 173(8) Cr.P.C. 8. In view of the law laid down by the Hon'ble Supreme Court in Pramod Kumar v. State of U.P. (supra), further investigation under Section 173(8) Cr.P.C., after submission of the police report, cannot be undertaken merely on the directions of superior police officers without the permission of the competent court. Therefore, the subsequent charge-sheet submitted against the applicant pursuant to such further investigation cannot be sustained in law. 9. Accordingly, the present application is allowed and proceedings arising out of Supplementary Charge Sheet No. 81-A/2024 dated 01.04.2025, as well as the cognizance order dated 14.05.2025 passed by the Civil Judge (Junior Division)/Judicial Magistrate, Chhata, District Mathura, in Criminal Case No. 4228 of 2025 (State vs. Sandeep), arising out of Case Crime No. 443 of 2023, under Sections 323, 325, 504 and 506 I.P.C., Police Station Chhata, District Mathura, so far as it relates to the applicant Sandeep, are hereby quashed. 10. 10. However, the Investigating Officer shall be at liberty to seek appropriate permission from the concerned Magistrate for further investigation under Section 173(8) Cr.P.C., in accordance with law. 11. It is clarified that this Court has not expressed any opinion on the merits of the allegations against the applicant. 12. September 21, 2026 Akbar NA528 No. 51916 of 2025 3 (Madan Pal Singh,J.) Digitally signed by :- MOHAMMAD AKBAR High Court of Judicature at Allahabad