JUDGMENT :

VIVEK KUMAR SINGH, J.

1. Heard Sri Manish Tiwary, learned Senior Counsel assisted by Sri Abhinav Dwivedi, learned counsel for the applicant, Sri Anoop Trivedi, learned Senior Counsel / Additional Advocate General assisted by Sri Sanjay Kumar Singh, learned A.G.A. for the State and Sri Prabhakant Singh along with Sri Abhishek Singh, learned counsel appearing for the opposite party no. 2-informant.

2. Present application under Section 528 BNSS has been filed for quashing the impugned order dated 5.8.2025 passed by learned Chief Judicial Magistrate, Mainpuri as well as consequential proceedings in Case No. 218 of 2025 (Radhika Devi vs. Anupam Dubey) arising out of Case Crime No. 504 of 2005, under Sections 147, 148, 149, 307, 302 IPC and Section 7 of Criminal Law Amendment Act, Police Station Bewar, District Mainpuri.

3. The prosecution case, in brief, is to the effect that a first information report was lodged by the informant / opposite party no. 2 against the applicant and 5-6 others along with some unknown persons under Sections 147, 148, 149, 307, 302 IPC and Section 7 of Criminal Law Amendment Act, which was registered as Case Crime No. 504 of 2005 on 6.8.2005 at Police Station Bewar, District Maihisnpuri regarding an incident alleged to have taken place on 6.8.2005 at 07:20 PM. In nutshell, it is alleged by the informant / opposite party no. 2 that enmity was going on between her father and the accused persons. On 6.8.2005, the accused persons, nominated in the first information report, committed murder of the informant’s father and caused firearm injury to her mother, who died on her way to hosptial. During the course of investigation, the informant / opposite party no. 2 filed an affidavit before the court of learned Chief Judicial Magistrate, Mainpuri on 21.9.2005 stating therein that the incident was not witnessed by her and that some unknown persons fired upon her parents, who succumbed to their injuries and that the applicant and others were wrongly implicated in the case. The statements of the informant and her sister were recorded before the Magistrate under Section 164 Cr.P.C., wherein they stated that the applicant had not committed murder of their parents. They did not know as to who had murdered their parents.

4. The Investigating Officer did not find any evidence against the applicant after thorough investigation, therefore, he filed final report no. 156 of 2006 in the aforesaid case on 5.2.2006, which was accepted by the learned court concerned on 4.4.2006.

5. After several years, the informant moved an application to S.S.P., Mainpuri seeking direction for further investigation in the aforesaid case. On the application moved by the informant / opposite party no. 2, the Superintendent of Police, Mainpuri directed the Station House Officer of Police Station Bewar, District Mainpuri to enquire into the matter and submit a report.

6. In pursuance of the direction given by the Superintendent of Police, Mainpuri, the Station House Officer submitted his report mentioning therein that the incident had occurred on 6.8.2005; that after investigation the final report was submitted and accepted by the court; and that the order-sheet had been destroyed on 27.7.2013 in accordance with rules.

7. Further investigation was also sought by the Station House Officer concerned in his report dated 20.3.2025. Thereafter, the Station House Officer concerned moved an application before the Chief Judicial Magistrate, Mainpuri seeking permission for further investigation. The Chief Judicial Magistrate, Mainpuri on the application dated 24.3.2025 passed an order dated 5.8.2025 observing that permission of the Magistrate for conducting further investigation is not required and disposed of the application with the said observation.

8. In pursuance of the order dated 5.8.2025, the Investigating Officer commenced further investigation in the matter on the order of the Superintendent of Police, Mainpuri dated 26.2.2026. Being aggrieved by