The investigation agency has the statutory right to conduct further investigation under Section 173(8) of the Code of Criminal Procedure without seeking permission from the Magistrate.

JUDGMENT :

1. Heard Sri Man Singh Chauhan, learned counsel for the petitioners, Sri Santosh Kumar Singh, learned counsel appearing for the informant and Sri Ratan Singh, learned A.G.A. appearing for the State respondents and perused the record.

2. The instant writ petition has been filed by the petitioners, who are the accused in Case Crime No. 0057 of 2022 u/S 147, 148, 323, 324, 325, 308, 504, 506 IPC, challenging and seeking quashing of the impugned order dated 06.12.2022, issued by the Superintendent of Police, Kushinagar, directing further investigation in the matter after analysing the report/charge-sheet and finding some deficiencies in the investigation, though the said report/ charge-sheet was already submitted before the Magistrate and the Magistrate has already taken the cognizance on the said report/ charge-sheet.

3. The brief facts of the case are that on 21.03.2022, the applicant/ respondent no.4 herein lodged the First Information Report, which was registered as Case Crime No. 0057 of 2022. In the FIR, it was alleged that the informant/respondent no.4, Ajay Singh s/o Harikesh Singh, R/o Dudahi Barhara, P.S.-Vishnupura, District-Kushinagar, has some dispute with his brother and the land owners of the adjoining land with regard to the boundaries of the land and they used to conspire to kill the applicant with the intent to grab the share of the applicant.

4. On 08.03.2022 at about 5:00 P.M., all the accused/ petitioners herein, armed with knife, lathi, danda and iron rod, came at the door of the house of the applicant with the intent to kill the applicant. All of them abused the respondent no.4 and his brother Vijay Singh and threatened to kill them and began to assault him and his brother, Vijay Singh. During the incident, his brother has sustained injuries on his body and head and his head was ruptured and there was a fracture on his chest bone. When the wife and nephew of respondent no.4 saw the accused/petitioners herein assaulting the respondent no. 4 and Vijay Singh, then they came forward to save them. Then, petitioner no.1 assaulted with knife on the head of the wife of the respondent no.4. They also assaulted his nephew, Jay Kumar Singh, whereby his hand was fractured. Then, they threatened that if anyone comes to save them, they will also be killed. Thereafter, the Police, of 112 Number, came there and intervened then they could be saved. While going back the accused/petitioners herein threatened that if any legal action is taken against them then, the result of the same will be very bad for the respondent no.4 and his family members.

5. In the F.I.R., it was further stated that the said incident was witnessed by various other persons including the wife and son of said Vijay Singh, brother of the respondent no.4. After the information, his son, Shubham Singh, came there and carried all the injured persons at CHC Dudahi, where the medical examination and primary treatment was done. Thereafter, looking at the serious nature of injuries suffered by the injured persons they were referred to District Hospital, wherefrom, they were referred to Medical College, Gorakhpur, where the injured were under treatment and the said Vijay Singh, the brother of the respondent no.4, was fighting to survive. The respondent no.4 has reported the incident after coming from the Medical College.

6. After the registration of the aforesaid First Information Report, the matter was duly investigated by the police and the charge-sheet was submitted on 09.11.2022, upon which the learned Magistrate has taken cognizance on the said charge-sheet on 15.11.2022. After the learned Magistrate took cognizance on the said charge-sheet filed by the police on 09.11.2022, the Superintendent of Police, Kushinagar, after analysing the said report/charge-sheet and having found some deficiencies in the investigation, vide order dated 06.12.2022, transferred the further investigation in the matter to the Crime Branch through the Inspector, Sri Sanjay Kumar