The court clarified that a Magistrate cannot order re-investigation but may direct further investigation under specific circumstances, emphasizing the need for jurisdictional authority in such matters.

JUDGMENT :

Saurabh Srivastava, J.

1. Heard Sri Rohan Gupta, learned counsel for petitioner, Sri Deepak Pandey, learned counsel for respondent no. 4 and Sri Anand Sagar Dubey, learned AGA-I appearing for respondent nos. 1 to 3.

Prayer

2. Present petition has been preferred with the following prayers:-

"i) To pass an appropriate order or direction setting aside the order dated 17.05.2024, to the extent it contains directions to the Investigating Officer to reinvestigate into role of the petitioner, while granting bail to the accused in paragraph no. 14 of the anticipatory bail order, passed by the Additional District & Sessions Judge-II/Special Judge (SC/ST) Act, District Court Gautam Buddha Nagar in Anticipatory Bail Application No. 1696/2024, arising out of First Information Report dated 08.08.2023, registered as Case Crime No. 148 of 2023 under sections 304-A, 420, 468 and 201 IPC, PS-Sector 126, District: Commissionerate Gautam Budh Nagar.

ii) To pass an appropriate order or direction, restraining the Investigating Officer from conducting any further investigation or inquiry against the petitioner-hospital in pursuance of the impugned directions contained in paragraph no. 14 of the anticipatory bail order dated 17.05.2024, passed by Additional District & Sessions Judge-II/Special Judge (SC/ST) Act, District Court Gautam Buddha Nagar in Anticipatory Bail Application No. 1696/2024, arising out of Case Crime no. 148 of 2023, under sections 304-A, 420, 468 and 201 IPC, PS- Sector 126, District: Commissionerate Gautam Budh Nagar."

3. The instant petition has been preferred at the behest of petitioner for assailing the legality of the order dated 17.05.2024 passed by learned Additional District & Sessions Judge-II/Special Judge (SC/ST) Act, District Court Gautam Buddha Nagar through which learned Sessions Court, directed the Inquiry Officer to re-investigate the role of the hospital in the matter.

Petitioner's submission

4. Learned counsel for petitioner submitted that the direction available under para 14 of the order dated 17.05.2024 was uncalled for since the same has been issued in anticipatory bail application no. 1696 of 2024 filed by Dr. Gyanendra Aggarwal against petitioner who has been exonerated in the charge sheet and was not even present before the learned Sessions Court and as such the direction for re-investigation has been passed without jurisdiction on the several other grounds inter alia precisely on the ground that re-investigation can only be ordered by higher courts which are constitutional courts i.e. the High Court and Hon'ble Supreme Court, moreover even further investigation can only be directed by a Magistrate when proper proceedings are initiated before the learned court concerned which in this case would be protest petition.

5. Learned counsel further tried to demolish the operation of the order dated 17.05.2024 through which although bail has been granted to one Dr. Gyanendra Aggarwal but at the same time direction has been issued for re-investigation and there is no protest petition preferred by the informant and the directions issued in that regard by learned Additional District & Sessions Judge-II/Special Judge (SC/ST) Act, District Court Gautam Buddha Nagar amount to usurping the power of the Magistrate which could have been exercised by the Magistrate only when a protest petition was filed before the concerned court, itself.

6. It is further submitted that the order for re-investigation is completely without jurisdiction since the matter before the learned Additional District & Sessions Judge-II/Special Judge (SC/ST) Act, District Court Gautam Buddha Nagar was with regard to grant of anticipatory bail to the accused Dr. Gyanendra Agrawal and the exoneration of the petitioner was not the issue before learned Additional District & Sessions Judge-II/Special Judge (SC/ST) Act, District Court Gautam Buddha Nagar nor could be considered in these proceedings especially in absence of the petitioner.

7. For substantiat