The main legal point established in the judgment is that the police have the right to conduct further investigation even after the submission of the charge sheet before the Magistrate, and there is no statutory requirement of taking permission from the Magistrate for further investigation, as per Section 173(8) of the Code.

JUDGMENT :

Vivek Kumar Birla, J.

1. Heard Sri Brijesh Kumar Pandey, learned counsel for the petitioner as well as Sri Virendra Kumar Pal, learned AGA appearing for the State respondents and Sri Vinod Singh, learned counsel for the informant and perused the record.

2. Present petition has been filed for quashing the impugned order dated 6.10.2023 whereby the respondent no. 2 has passed the order for further/transfer of the investigation in Case Crime No. 252 of 2023, P.S. Bilaspur, District Rampur. A further prayer is to direct the respondent no. 2 and his subordinates not to arrest/harass the petitioners in pursuance of the order dated 6.10.2023.

3. Brief facts of the case are that the respondent no. 4-Km. Nisha Naaz filed an application under Section 156 (3) CrPC before the concerned Magistrate for registering the FIR with the allegation that she had love affairs with co-accused-furkan Ali and she had physical relationship with him and on being insisted for marriage, he prepared forged nikahnama and married with her. It is being alleged that Gulshan Kajafi and Furkan Ali committed r.ape upon her. Thereafter, a first information report dated 29.7.2023 has been lodged under Section 420, 376, 452, 504, 342, 376D, 506, 120-B of IPC, P.S. Bilaspur, District Rampur against the six accused persons. After the investigation was completed, a charge-sheet dated 24.8.2023, under Sections 498A, 504 and 506 IPC only against the husband (Furkan Ali). After submission of the charge-sheet, learned Magistrate has taken the cognizance vide order dated 30.9.2023. In between, respondent no. 4 filed a Criminal Misc. Writ Petition No. 15260 of 2023 (Km. Nisha Naaz vs. State of UP and others), with the prayer to direct the respondent no. 2 to transfer the investigation of the Case Crime No. 252 of 2023 without disclosing the fact that the chargesheet has already been filed. In the said writ petition, the Hon’ble Court directed the respondent no. 4 to approach the respondent no. 2 Superintendent of Police, Rampur. By the impugned order dated 6.10.2023, the respondent no. 2-Superintendent of Police, Rampur has directed to further investigation by transferring the investigation to another officer. Hence the present petition.

4. Learned counsel for the petitioner submits that the order impugned herein is illegal as after Investigating Officer after full-fleged investigation submitted the charge-sheet dated 24.8.2023, under Section 498A, 504 and 506 IPC only against Furkan Ali (husband) and the Investigation Officer exculpated the petitioner from the aforesaid case. It is further submitted that the writ petition being Criminal Misc. Writ Petition No. 15260 of 2023 (Km. Nisha Naaz vs. State of UP) without disclosing the fact that the charge-sheet has already been submitted in the aforesaid case crime, is totally misconceived. It is next submitted that once the Magistrate has taken cognizance in the matter, then only the Magistrate, having jurisdiction, is empowered to pass the order for further investigation, if he is in position that from perusal of the case diary or material available, further investigation is required, but in the present case on the basis of the application filed by the respondent no. 4 herein, the respondent no. 2 passed the impugned order for further investigation. Submission is that the impugned order dated 6.10.2023 passed by the respondent no. 2 is illegal as once the charge-sheet has been submitted and the learned Court below has taken cognizance, the respondent no. 2 has no jurisdiction directing for further investigation without the prior permission from the concerned Magistrate. He has placed reliance on the judgment of Hon’ble Apex Court in the case of Peethambaran vs. State of Kerala and another, 2023 SCC Online SC 553. Submission, therefore, is that the order impugned herein is liable to be quashed.

5. Learned counsel for the AGA appearing for the State respondents, on instructions, submits that in the instant case, after the ord