JUDGMENT :

1. Heard Sri Sageer Ahmed, learned Senior Advocate assisted by Sri Ajeet Singh, learned counsel for the petitioners and Sri V.P. Srivastava, learned Senior Advocate assisted by Sri Vinod Kumar Srivastava, learned counsel for the respondent No. 5 and 6 and learned A.G.A. for the State.

2. The petitioners are the first informants of their respective First Information Report and have challenged the order dated 27.02.2023 (common in all three writ petitions) passed by respondent No.2. Hence, all the three aforesaid writ petitions have been clubbed together and are being decided by a common order.

3. The petitioners/first informants have approached the Hon’ble High Court seeking quashing of the impugned order dated 27.02.2023 directing further investigation under Section 173(8) Cr.P.C. being conducted by the Special Investigating Team (SIT), ostensibly on the basis of fresh inputs received.

4. The details of the three case crime numbers are as follows :

5. The brief facts of the case are that : the petitioners/first informants individually invested huge amount (in crores) in the business of coal (Mining and Trading Company) PT Suryansh Total Indo Resources (STR), Indonesia, run and managed by accused/respondent Nos. 5 and 6. After a lapse of certain period, the petitioners demanded back their invested amount, profits earned as well as the Bank Guarantees but the same were not returned. Rather they were told that the said Bank Guarantees are forged.

6. Thus, three separate FIRs were lodged by the petitioners against accused/respondent Nos. 5 and 6. The respective investigations were conducted and charge sheets were submitted before the Competent Court, cognizance was taken and charges were framed. After the commencement of trial, the petitioners have been summoned and examined as prosecution witnesses.

7. At this stage, during the pendency of the trial, the petitioners/first informants have been served with the notice under Section 160 Cr.P.C. to appear personally before the respondent no.4 to get their statement recorded before the Special Investigating Agency (SIT) under Section 161 Cr.P.C. pursuant to the order dated 27.02.2023 directing further investigation.

8. The petitioners, being aggrieved, have challenged the said order particularly on the ground that No Formal Permission was sought by the Investigating Agency from the Learned Trial Court for further investigation. The said order has neither been informed nor intimated to the Learned Trial Court. It has further been pleaded that the order directing further investigation at this belated stage shall benefit the accused/respondent Nos. 5 and 6 causing prejudice to the petitioners.

9. Per contra, learned A.G.A. for the State and counsels for the accused/respondents have opposed the aforesaid prayer and asserted that the Police has ample power to further investigate the matter by virtue of Section 173(8) Cr.P.C. There is no mandatory requirement to seek leave of the Court even if charge sheet has been submitted and cognizance being taken.

10. Upon hearing the contentions raised by the counsel for the parties and upon perusal of record, it cannot be denied that the Police has unfettered powers of investigation which can continu