Court rules further police investigation without Magistrate's permission unlawful; disallows second cognizance in ongoing trial.
In a significant judgment passed by the Allahabad High Court at Lucknow, Justice Shree Prakash Singh has quashed the supplementary charge sheet filed against Sayed Mohammad Hamza, as well as the subsequent cognizance taken by the Magistrate, citing procedural improprieties. The ruling underscores the necessity of prior judicial permission for further police investigations and prohibits taking cognizance twice in the same case crime number.
The case stems from an FIR registered in 2021 at Malipur Police Station, Ambedkar Nagar, under various sections of the Indian Penal Code (IPC), including sections 302 and 201. The charge sheet was initially filed against other accused, not naming Hamza. However, a supplementary charge sheet was later filed against Hamza following an investigation ordered by the Superintendent of Police, Ambedkar Nagar, without the Magistrate's approval.
The court highlighted that further investigation by police requires explicit permission from the Magistrate or Trial Court, along with recorded reasons for such direction, as stipulated under Section 173(8) of the Criminal Procedure Code (CrPC). The judgment referenced the Supreme Court ruling in Pramod Kumar v. State of Uttar Pradesh, which reinforces the requirement for judicial oversight in further investigations.
Justice Singh further noted that the Magistrate's action of taking cognizance twice during the pendency of the trial was contrary to legal provisions, specifically Section 190 of CrPC. The court found that the second cognizance and subsequent proceedings were impermissible, thereby quashing the supplementary charge sheet dated April 29, 2023, and the cognizance order dated February 3, 2026.
Additionally, the court set aside the trial court's rejection of Hamza's discharge application. The rejection was deemed to lack judicial application of mind, as it failed to address the legal questions and grounds presented by Hamza in his application.
The judgment is a reminder of the procedural safeguards within the criminal justice system, emphasizing judicial discretion and oversight in investigations. The ruling allows the trial court and Investigating Officer to proceed in accordance with established legal procedures.
Bottom Line:
Further investigation by the police without prior permission of the Magistrate/Trial Court is impermissible. Cognizance cannot be taken twice in one case crime number.
Statutory provision(s): Section 173(8), Section 190, Section 227 of the Criminal Procedure Code, 1973; Sections 302, 201 of the Indian Penal Code
Sayed Mohammad Hamza v. State of U.P., (Allahabad)(Lucknow) : Law Finder Doc id # 2902728
