Dr. Avadh Sharan Mishra v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko. and Others
What the court decided
A compact analysis
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Court No. - 9
Case :- CRIMINAL MISC. WRIT PETITION No. - 1858 of 2024
Petitioner :- Dr. Avadh Sharan Mishra Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And Others Counsel for Petitioner :- Rajendra Kumar Dwivedi,Neeraj Kumar Rai
Counsel for Respondent :- G.A.
Hon'ble Rajan Roy,J. Hon'ble Narendra Kumar Johari,J.
Heard.
The moot point herein is as to whether after filing of chargesheet under Section 173(2) Cr.P.C., whether cognizance has been taken or not, in either eventuality, further investigation can be undertaken or ordered by the police without information and permission of the court concerned ? We find that there are several judgments on the subject but conflicting opinions appear to have been rendered. We would, therefore, like to hear the parties counsel on this issue on the next date.
In the meantime, State Authorities should file an affidavit as to what is the practice in this regard in the State of U.P. being followed whether mere information is given to the court concerned or a formal permission is sought. Relevant orders, if any, passed on such application filed by the Investigating Officer before the court below shall also be brought on record so as to enable the Court to ascertain as to what kind of orders are being passed by the Magistrates.
Issues for consideration
2 issues framed by the court
Whether further investigation can be undertaken by police after filing of chargesheet without court permission.
Whether mere information or formal permission is required from court for further investigation.
Parties & counsel
- petitioner
Dr. Avadh Sharan Mishra
- respondent
State Of U.P.
Coram
Rajan Roy
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · March
- Registered
- Case no.
- CRLP/1858/2024
All orders in this case
4 orders share this CNR
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