Enforcement of a judgment through an application under Section 173(8) of the CrPC was not justified, and no new document could be considered or further investigation permitted at the stage of framing of a charge under Section 173(8) of the Code of Criminal Procedure.

JUDGMENT :

In the present C-482 Application, the applicant has put a challenge to the order dated 18th August 2022, which was passed in Criminal Case No. 100 of 2022, which was a trial being conducted for the offences under Sections 354, 504, 506, 509 & 120-B of the IPC and Sections 43 & 66 of the IT Act, which was got registered at Police Station, Jwalapur, district Haridwar, which is presently pending consideration before the learned Court of Chief Judicial Magistrate, district Haridwar.

2. During its pendency, an application under Section 173 sub Section (8) of the CrPC, for further investigation, was filed by the present applicant on 27th July 2022, which has been rejected by the impugned order, which is under challenge.

3. If the impugned order itself is taken into consideration, in fact, the sole malicious nexus of filing the application under Section 173(8) of the CrPC, by the present applicant on 27th July 2022, was under the garb of the order which was passed by the Writ Court in Writ Petition (Crl) No. 1802 of 2022, Hamza Rao Vs. State of Uttarakhand, as decided by the coordinate Bench of this Court on 2nd March 2022.

4. What bearing would the judgement of the writ Court, would have to an application under Section 173(8) of the CrPC, necessarily requires consideration, as to what was the subject in the writ petition. Because the relief, which was modulated in his application under Section 173(8), it was prayed for that a further investigation may be carried in the light of the judgement of the co-ordinate Bench of this Court date 2nd March 2022.

5. If the said Application itself is taken into consideration, and if it is read in correlation to the order which was passed by the co-ordinate Bench of this Court in the earlier writ petition, the entire judgement of the co-ordinate Bench of this Court becomes necessary to be extracted, for the reason being, that in the said writ petition, the subject matter was a prayer for change of investigation of Case Crime No. 265 of 2020, and to get it independently investigated through CBI or SIT, or any other independent agency, and to include certain documents, which have been referred thereto.

6. But, what would be more important is, that by the judgement dated 2nd March 2022, which has been alternatively adopted by the applicant, by filing an application under Section 173(8), in fact, was nothing but a consenting order of 2nd March 2022, issuing directions to the Senior Superintendent of Police, to comply the directions, which had been issued by the Deputy Inspector General, Garhwal, which has been sought to be enforced. The operative portion of the judgment dated 02.03.2022 is extracted hereunder:-

“At the request of learned counsel for the petitioners, and with the consent of learned counsel for the State, this writ petition (No. 1802 of 2021), “Hamza Rao and Another vs. State of Uttarakhand and Others” is disposed of with a direction to the Senior Superintendent of Police, Haridwar, the respondent No. 2, to comply the said directions, given by the Deputy Inspector General, Garwal.”

7. The directions issued by the co-ordinate Bench of this Court on 2nd March 2022, had no relation, at all, in any manner whatsoever, to an application which was filed under Section 173 (8) of the CrPC, and the justification for this conclusion by this Court is, that the directions given by the co-ordinate Bench of this Court, to comply the order of the DIG, Garhwal, as referred to in the operative portion of the judgement dated 2nd March 2022, which has been extracted above, will have to be read exclusively for the purposes of the relief, for which the writ petition was filed, which has been extracted in the first paragraph of the judgement dated 2nd March 2022, which is extracted hereunder:-

“This criminal writ petition has been filed under Article 226 of the Constitution of India with a prayer to issue a writ in the nature of mandamus directing the respondents to change the Investigation of Case Crime No