Honble SINHA, J.–The State of Andhra Pradesh is before us aggrieved by and dissatisfied with a judgment and order dated 3.10.2002 passed by the High Court of Judicature of Andhra Pradesh in Criminal Petition No. 3955 of 2000 allowing a criminal revision application filed by the respondent herein.

(2). Respondent (Accused No. 1) carries on business in Red Sanders hard wood and was having a godown at Renigunta in the District of Chittoor. A fire broke out in the said godown on 28/29.06.1996 resulting in destruction of red sanders hard wood, undressed wood as also nine cutting machines.

The said godown was insured. The concerned Forest Officer gave an information to the police station that the respondent had made a false declaration regarding the stock shown in the godown and inflated the same in order to make unlawful gain, whereupon a First Information Report was lodged. Investigation was carried out upon obtaining permission of the concerned Magistrate. A chargesheet was filed upon completion of the investigation in the Court of III Additional Munsif Magistrate, Tirupati for alleged commission of offence under Sections 199, 200 and 200 of the Indian Penal Code. Subsequently, however, as some allegations had been made against the manner in which the local police conducted the investigation, the Additional Director General of Police, CID entrusted the case for further investigation to the Inspector of Police, CID, Prakasam District on 5.11.1997.

Before carrying out the said investigation, the Inspector of Police, CID filed a memo in the said Court with the prayer that the matter be adjourned. Although it does not appear that any express permission was granted for carrying out further investigation, the prayer of adjournment was allowed in terms of the said Memo. Further investigation was carried out whereafter an additional chargesheet was filed against Accused Nos. 1 to 3 in the Court of IV Additional Munsif Magistrate, Chittoor for offences under Sections 199, 200, 204 and 120 of the Indian Penal Code. More accused persons were also added in the chargesheet in the category of accused. Indisputably, the case was transferred from the Tirupati Court to a Designated Court at Chittoor.

Appellant filed an application before the High Court of Andhra Pradesh for quashing of the criminal proceedings inter alia on the ground that prior permission of the Magistrate was not obtained for further investigation as also on the ground that the same was conducted entirely by a different investigating agency.

A learned Single Judge of the High Court by reason of the impugned order has allowed the said application.

(3). Mrs. D. Bharathi Reddy, learned counsel appearing on behalf of the appellant in support of this appeal submitted that the High Court committed a manifest error in taking the view that the investigation in question was a fresh investigation or it was imperative on the part of the investigating officer to obtain express permission from the Magistrate concerned. Decisions of this Court in Ram Lal Narang vs. State (Delhi Administration) ((1979) 2 SCC 322) and K. Chandrasekhar vs. State of Kerala and Others ((1998) 5 SCC 223) whereupon the High Court relied upon, Mrs. Reddy, would contend, have no application to the facts of the present case.

(4). Mr. Nagendra Rai, learned Senior counsel appearing on behalf of the respondent, on the other hand, submitted that in view of the fact that not only a re-investigation was conducted by a different investigating agency, even another case was instituted at a different place without obtaining the prior permission of the Magistrate concerned and, thus, the impugned judgment is unassailable in view of the decisions of this Court in Ram Lal Narang (supra) and K. Chandrasekhar (supra).

(5). Indisputably, the law does not mandate taking of prior permission from the Magistrate for further investigation. Carrying out of a further investigation even after filing of the chargesheet is a statutory right of the pol

Click Here to Read the rest of this document