The authority to file a charge sheet rests solely with the Investigating Officer, and any directive from a superior officer is unlawful, violating the right to a fair investigation.

JUDGMENT :

Subhash Chandra Sharma, J.

1. List revised none appeared for the opposite party no. 2 even in the revised call though notice has properly been served.

2. Heard Sri Bal Kshwar Srivastava, learned counsel for the applicant as well as learned A.G.A. Sri Rajesh Kumar Singh and perused the material on record.

3. The present application has been filed by the applicants with prayer to quash the impugned charge sheet bearing no. 17 of 2011, 17-A of 2011 dated 27.08.2011 arising out of crime No. 419 of 2010, under Section 147, 323, 504, 353 IPC , Police Station Wazirganj, District Lucknow, pending in the court of learned Judicial Magistrate, Lucknow transferred thereafter in the court of Civil Judge (Junior Division) South, Lucknow (State of U.P. Vs. Mohd. Airaj Siddiqui and other)

4. Facts in brief are that the applicant no. 2 Mohd. Airaj Siddiqui lodged an F.I.R. as Crime No. 24 of 2009 under Sections 147, 323, 336, 504, 506 I.P.C. against the son of informant in the present case. In that case, he appeared before the learned court of Magistrate and moved bail application which was granted. While he was in judicial custody, the applicants in the present case Airaz Siddiqui, his father Jamerrudin and some other Advocates reached there and started abusing and also assaulted him with kicks and fists and Danda causing injuries to him. When she came in rescue she was also beaten, regarding which present F.I.R. was lodged against the applicants as Crime No. 359 of 2010 under Sections 147, 323, 504, 427, 307, 308 I.P.C. During the course of investigation, the Investigating Officer made spot inspection and recorded the statements of witnesses and submitted final report no. 201/2010 in lack of evidence. In the mean time, investigation was transferred to C.B.C.I.D. and it was taken over by Inspector C.B.C.I.D. by the order of Sector Officer C.I.S.I. order No. C.I.S.-1(Miss)10 dated 26.11.2010. The Superintendent of Police C.B.C.I.D. cancelled the final report submitted by local police on 06.06.2011 and send a letter no. C.B. 447/10 dated 06 June 2011, mentioning that he has cancelled the final report no. 201/10 dated 08.09.2010 by local police and sending back with the letter with direction to file charge sheet in the court and then to submit compliance report at the Head Quarter. Subsequently, charge sheet was filed in the present case by C.B.C.I.D. under Sections 147, 323, 504, 353 I.P.C. against the applicants on which cognizance was taken by the learned court concerned. Being aggrieved with the order of cognizance and charge sheet present application was preferred before this Court.

5. It is submitted by learned counsel for the applicants that in this case once final report was submitted by the Investigating Officer it must have been sent to the court concerned having jurisdiction but after cancelling the final report Superintendent of Police has no authority to direct the Investigating Officer to file charge sheet. He has no power in this regard. He could only direct for further investigation as provided under Section 173 (8) Cr.P.C. The Investigating Officer is the authority to form final opinion as to whether charge sheet or final report is to be filed in the case on the basis of material collected during the course of investigation. Such final opinion cannot be formed by any other superior authority except the Investigating Officer/Officer In- charge of Police Station. He further submitted that in view of Sec