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Allahabad High Court

SANDEEPversusSTATE OF U.P. AND ANOTHER

Decided

Holding

Further investigation under Section 173(8) Cr.P.C. requires prior permission of the competent magistrate, and a charge‑sheet issued without such permission must be quashed.

Summary

The applicant Sandeep filed an application under Section 528 BNSS seeking to quash a supplementary charge‑sheet (No. 81‑A/2024) and the cognizance order in Criminal Case No. 4228 of 2025. The charge‑sheet was filed after a second investigation was conducted without the magistrate’s permission under Section 173(8) of the Criminal Procedure Code, despite the applicant having been exonerated in the first investigation. The State argued that a prima facie case existed based on witness statements. The Court held that, following Supreme Court precedent in Pramod Kumar v. State of U.P., further investigation after a charge‑sheet requires prior magistrate approval, and a charge‑sheet issued without such permission is legally untenable. Consequently, the Court quashed the supplementary charge‑sheet and the related cognizance order, while noting it made no finding on the merits of the allegations.

Issues considered

  • Whether a further investigation under Section 173(8) Cr.P.C. can be undertaken without the permission of the concerned magistrate after a charge‑sheet has been filed.
  • Whether the supplementary charge‑sheet and the cognizance order issued on the basis of such unauthorised investigation are liable to be quashed.

Legislation cited

Subjects

  • Section 173(8) Cr.P.C.
  • quash
  • charge sheet
  • further investigation
  • magistrate permission
  • criminal procedure
  • IPC offences
  • application under Section 528 BNSS

Judgment

          HIGH COURT OF JUDICATURE AT ALLAHABAD

           APPLICATION U/S 528 BNSS No. - 51916 of 2025

Sandeep
                                                             .....Applicant(s)
                                  Versus
State of U.P. and Another
                                                                .....Opposite
                                                                      Party(s)

Counsel for Applicant(s)              :    Bhanu Prakash Verma
Counsel for Opposite Party(s)         :    G.A., Kamal Kishor Mishra

Court No. - 81
                  HON'BLE MADAN PAL SINGH, J.

   1. Rejoinder affidavit filed today on behalf of the applicant is taken on
     record.

   2. Heard Sri Bhanu Prakash Verma, learned counsel for the applicant, Sri
     Kamal Kishor Mishra, learned counsel for opposite party no. 2, and
     learned A.G.A. for the State and perused the material available on
     record.

   3. This application under Section 528 B.N.S.S. has been filed by the
     applicant, Sandeep, seeking quashing of Charge Sheet No. 81(A)/2024
     dated 01.04.2025, arising out of Case Crime No. 443 of 2023, under
     Sections 323, 325, 504 and 506 I.P.C., Police Station Chhata, District
     Mathura, as well as the entire proceedings of Criminal Case No. 4228
     of 2025 (State vs. Sandeep), pending in the court of Civil Judge (Junior
     Division)/Judicial Magistrate, Chhata, District Mathura. Pleadings are
     complete.

   4. The brief facts of the present case are that on 25.10.2023, during a
     wrestling (dangal) event at Kasba Chhata, Mathura, Krishna, son of the
     first informant, won a wrestling match and thereafter a dispute arose
     regarding payment of the prize money. It is alleged that the accused
     persons pulled Krishna down from the stage and assaulted him with
     lathis, dandas and iron rods, causing injuries. He was medically
     examined on the same day at District Hospital, Mathura, in the injury
     report, four fresh contusions caused by a hard and blunt object were
     found. The FIR was lodged after about 43 days, on 08.12.2023,
                                                     NA528 No. 51916 of 2025
                             2


  registered as Case Crime No. 443 of 2023 under Sections 323, 325,
  504 and 506 I.P.C. at Police Station Chhata, District Mathura. During
  the investigation, the present applicant was exonerated and the first
  charge-sheet dated 15.03.2024 was submitted only against the co-
  accused. Thereafter, on the directions of the superior officers, further
  investigation was conducted by the same Sub-Inspector and a second
  charge-sheet dated 01.04.2025 was submitted against the present
  applicant. On the basis of the said charge-sheet, the learned Magistrate
  passed the impugned order dated 14.05.2025, taking cognizance and
  summoning the applicant.

5. Learned counsel for the applicant submits that the further investigation,
  on the basis of which the second charge-sheet was submitted against
  the applicant, was conducted without obtaining permission from the
  Magistrate concerned under Section 173(8) Cr.P.C. It is argued that,
  after submission of the first charge-sheet, the police could not have
  proceeded with further investigation merely on the directions of
  superior police officers without the permission of the concerned
  Magistrate. In support of his contention, learned counsel for the
  applicant has placed reliance upon the judgment of the Hon'ble Apex
  Court in Pramod Kumar v. State of U.P., 2026 INSC 120, decided
  on 04.02.2026. He, therefore, submits that the second charge-sheet
  submitted against the applicant pursuant to such further investigation is
  not sustainable in law.

6. Learned counsel for the applicant further submits that the first
  investigation had already been completed and the applicant was
  exonerated by the Investigating Officer. Thereafter, without obtaining
  permission from the concerned Magistrate, further investigation was
  conducted on the directions of the superior police officers and, on the
  basis thereof, the applicant was subsequently charge-sheeted. It is,
  therefore, submitted that the second charge-sheet is the result of an
  investigation conducted without following the proper procedure and,
  hence, the proceedings arising out of the same are liable to be quashed.

7. Learned A.G.A. for the State and learned counsel for opposite party no.
  2 have not disputed the aforesaid submissions of the applicant. They
  submit that from the statements of the injured and other witnesses, it is
  clear that the applicant along with his companions abused and
                                                                                              NA528 No. 51916 of 2025
                                                                      3


                                           assaulted the injured Krishna and thereafter fled from the spot after
                                           giving threats. Therefore, a prima facie case is made out against the
                                           applicant.

                                         8. Having considered the submissions of the learned counsel for the
                                           parties and perused the record, it appears that the applicant was
                                           exonerated during the initial investigation and the first charge-sheet
                                           was submitted against the co-accused. Thereafter, further investigation
                                           was conducted on the directions of the superior police officers and the
                                           applicant was subsequently charge-sheeted. It is not disputed that no
                                           prior permission of the concerned Magistrate was obtained for
                                           conducting such further investigation under Section 173(8) Cr.P.C.

                                         9. In view of the law laid down by the Hon'ble Supreme Court in Pramod
                                           Kumar v. State of U.P. (supra), further investigation under Section
                                           173(8) Cr.P.C., after submission of the police report, cannot be
                                           undertaken merely on the directions of superior police officers without
                                           the permission of the competent court. Therefore, the subsequent
                                           charge-sheet submitted against the applicant pursuant to such further
                                           investigation cannot be sustained in law.

                                        10. Accordingly, the present application is allowed and proceedings
                                           arising out of Supplementary Charge Sheet No. 81-A/2024 dated
                                           01.04.2025, as well as the cognizance order dated 14.05.2025 passed
                                           by the Civil Judge (Junior Division)/Judicial Magistrate, Chhata,
                                           District Mathura, in Criminal Case No. 4228 of 2025 (State vs.
                                           Sandeep), arising out of Case Crime No. 443 of 2023, under Sections
                                           323, 325, 504 and 506 I.P.C., Police Station Chhata, District Mathura,
                                           so far as it relates to the applicant Sandeep, are hereby quashed.

                                        11. However, the Investigating Officer shall be at liberty to seek
                                           appropriate permission from the concerned Magistrate for further
                                           investigation under Section 173(8) Cr.P.C., in accordance with law.

                                        12. It is clarified that this Court has not expressed any opinion on the
                                           merits of the allegations against the applicant.


                                    September 21, 2026
                                    Akbar
                                                                                              (Madan Pal Singh,J.)




Digitally signed by :-
MOHAMMAD AKBAR
High Court of Judicature at Allahabad


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