Formal permission of the concerned court was not necessary for transferring the investigation to another police station, and further investigation can be conducted as prescribed by law.

JUDGMENT :

1. Heard Sri Neeraj Singh, learned counsel for the applicants, learned A.G.A for the State and perused the record.

2. This application under Section 482 Cr.P.C. has been filed to quash the proceeding of Criminal Case No. 1278 of 2005, under Sections 147, 149, 323, 452, 435, 504, and 506 I.P.C., registered at Police Station Bankata, District Deoria, pending in the Court of Judicial Magistrate, Court No. 11, Deoria.

3. The brief facts of the case are that on 08.01.2005 at about 3:00 p.m., eight persons including the applicants came to the house of informant-opposite party no. 2 – Uma Shankar Kushwaha with an intention of taking possession of Sahen land, which was situated at the door of the informant. During the said action, all the accused abused the family members of the informant, entered into the house and beaten them. In this connection an F.I.R was lodged by opposite party no 2 on the same day at 03:00 p.m, which was registered as Case Crime No. 03/2005 under Sections 147, 148, 323, 504, 506, 452, 435 I.P.C at P.S. Bankata, District Deoria. A copy of the same is annexed as Annexure No. 1 to the affidavit. The Station Officer of P.S. Bankata investigated the matter and after completing the investigation, a cherge-sheet was submitted by him on 13th January, 2005 against five persons namely Daroga, Rakesh @ Lal Babu, Chandrika, Manoj and Pramod, under Sections 147, 323, 504, 506 I.P.C and found that the applicants namely Ram Komal, Rajesh and Bhuwar were falsely implicated and as such final report has been submitted in respect of the applicants. A copy of the charge-sheet/final report has been annexed as annexure no. 2 to the application.

4. On the said charge-sheet, the learned Magistrate took cognizance and issued process on 29.03.2005 against the aforesaid five accused persons in Case Crime No. 846 of 2005. The aforesaid order has been annexed as Annexure 03 to the application. In pursuance of the aforesaid order dated 29.03.2005, all the aforesaid five accused persons appeared before the concerned Magistrate and they were released on bail.

5. On 22.01.2005, the informant filed an application before S.P. Deoria for the transfer of the aforesaid case from Police Station Bankata to Police Station Kotwali, Salempur, District Deoria, to reinvestigate the matter. A copy of the same is annexed as Annexure no. 4 to the application. Thereafter, S.P Deoria transferred the aforesaid case from Police Station Bankata to Police Station Kotwali, Salempur, vide its order dated 10.02.2005 to reinvestigate the matter without seeking formal permission from the concerned court. The aforesaid order is annexed as annexure no. 5 to the application. The S.P. transferred the case without assigning any reason for investigation after the submission of the charge-sheet. Thereafter, S.I. Ram Ashray Yadav of P.S Kotwali Salempur, Deoria reinvestigated the matter and submitted a charge-sheet against all eight persons, including the applicants under Sections 147, 149, 452, 435, 323, 504 and 506, I.P.C on 14.4.2005, who were already exonerated by the first I.O. of P.S. Bankata. A copy of the charge-sheet has been annexed as Annexure No. 6 to the affidavit.

6. On the aforesaid second charge-sheet applicants have been summoned by Judicial Magistrate Court No. 11, Deoria in Criminal Case No. 1278 of 2005 -(State Vs. Ram Komal & Ors.), under the aforesaid Sections. A copy of the order dated 15.06.2005 has has been annexed as Annexure No. 7, to the affidavit.

7. It is relevant to mention here that no permission was sought by S.P. Deoria from the concerned court before transferring the aforesaid investigation. The applicants have falsely been implicated in the said case, which was also found by the Ist I.O of the case and relying on the first charge-sheet, the Judicial Magistrate had summoned only five persons as accused. It is relevant to mention that no new fact came in light as a ground, even though a second charge-sheet has been submitted against the a