A supplementary charge-sheet filed under Section 173(8) CrPC constitutes a valid continuation of the original investigation, not an illicit re-investigation, and the trial court is mandated to independently assess both reports collectively at the stage of cognizance.

HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

Order

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1. Instant Criminal Misc. Petition under Section 528 of BNSS has been filed on behalf of the petitioner assailing the order dated 28.07.2025, passed by learned Judge, Special Court, (Anti Corruption Act) No.1, Udaipur in Special Sessions Case No.23/2023 arising out of FIR No.507/2022 registered at CPC, ACB, Jaipur, Anti Corruption Bureau, Special Unit-II, Jaipur, whereby the application dated 05.07.2025 filed by the petitioner to expunge the investigation made by the subsequent Investigating Officer Shri Kailash Sandhoo, Additional Superintendent of Police, Anti Corruption Bureau, Chittorgarh in the aforesaid FIR, without any authorization, has been partly allowed without expressly commenting on the validity of the investigation made by him.

2. Succinctly stated the facts of the case are that on 07.11.2022, a written report was submitted by the petitioner before Additional Superintendent of Police, Special Unit Anti Corruption Bureau, Unit Jaipur to the effect that he was implicated in a false and fabricated case by the corrupt police officials just to extort money from him by unlawful means. On the said written report, FIR No.507/2022 was registered for offence under Section 7 of Prevention of Corruption Act (for short, 'PC Act'). After registration of FIR, initially investigation was conducted by Shri Pushpendra Singh Rathore, Addl.S.P., who after thorough investigation submitted charge-sheet for offences punishable under Sections 7, 7A & 12 of the PC Act and Sections 384 & 120B of the IPC against four accused respondents, namely (i) Roshanlal, (ii) Jitendra Kumar Anchaliya, (iii) Manoj Kumar Shrimali & (iv) Ramesh Rathore and investigation was kept pending against remaining four accused respondents namely (i) Ankit Mewara, (ii) Smt. Lovleena, (iii) Nikhil Porwal & (iv) Rajesh Kothari under Section 173(8) Cr.P.C. to ascertain their role in the alleged crime. Subsequently, these four accused respondents against whom investigation was kept pending, were granted interim protection by this Court through the filing of separate misc. petitions.

3. Subsequently, accused–respondent No. 2, Jitendra Anchaliya, submitted a representation before the Director General, Department of Anti-Corruption, seeking investigation of the FIR on certain points. In furtherance of the same, vide order dated 11.06.2024, the Director General directed Shri Kailash Singh Sandhoo, Additional Superintendent of Police, ACB, Chittorgarh, to conduct investigation in the case on the points raised by accused respondent No.2. Upon completion of investigation, on 02.05.2025 Shri Kailash Singh Sandhoo submitted result of investigation and opined that except accused Roshanlal Khateek, rest of the accused, namely (i) Ankit Mewara, (ii) Smt. Lovleena, (iii) Nikhil Porwal & (iv) Rajesh Kothari, against whom investigation was kept pending and (i) Jitendra Kumar Anchaliya, (ii) Manoj Kumar Shrimali & (iii) Ramesh Rathore, against whom charge-sheet has already been filed, are not found involved in the commission of crime.

4. Aggrieved by the aforesaid investigation conducted by Shri Kailash Singh Sa