application/complaint submitted by the co-accused is unknown to law. After an order for further investigation by CBCID, the CBCID has only sent an intimation to the trial court. Even no prior approval/permission has been accorded by the trial court. In any case, as it is a case of reinvestigation, the same is not permissible and that too by another agency without prior permission of the trial court even while exercising the power under Section 173(8) Cr.P.C. as held by the Hon'ble Apex Court in the case of Bohatie Devi (D) through LRs. Vs. State of U.P. and others in Criminal Appeal No. 1294 of 2023 in its judgment and order dated 28.04.2023. Moreover, in the instant case also, as in the aforesaid case under what authority of law, the C.O., C.I.S.-1, CBCID, U.P. Lucknow has transferred the investigation to another agency and/or ordered further investigation by another agency is not pointed out and that too at the instance of the accused. Consequent to the said investigation, a final report has been submitted in favour of the accused and on that basis, the applicants are praying for quashing of the entire proceedings of trial, which, admittedly, has proceeded to the stage of recording the statement of two prosecution witnesses.
