After court's cognisance, police can't direct re-investigation without magistrate's permission: HC

Prayagraj (UP), Jun 12 (PTI) The Allahabad High Court has held that once the court has taken cognisance of an offence, the police cannot further investigate the offence without the magistrate's permission.

The court made it clear that the power of re-investigation is not available with any police officer across all ranks.

Hearing a writ petition filed by one Navneet, a division bench comprising Justice JJ Munir and Justice Arun Kumar Singh Deshwal directed Deputy Commissioner of Police, Central NOIDA, Gautam Buddh Nagar district to file a counter affidavit explaining why he thought he could direct further investigation without obtaining permission of the judicial magistrate under Section 173 (8) of the criminal procedure code (CrPC).

The court also directed investigation officer Radha Raman Singh to explain how under the garb of further investigation, he could do a re-investigation or investigation de-novo and put in a final report in the matter even though the police had earlier filed a chargesheet, which the high court had approved by order passed in an application moved under Section 482 of CrPC.

The criminal case was filed under sections 420 (cheating), 120B (conspiracy) and other sections of IPC at Phase 3 police station, Gautam Buddh Nagar district and the police had filed a chargesheet after investigation before the court on July 10, 2018. The judicial magistrate took cognisance on July 18, 2018.

Later, the chargesheet and its order of cognisance were also upheld by the high court on March 7, 2024.

Later, DCP, Gautam Buddh Nagar passed an order on April 4, 2024 directing re-investigation in the matter.

In its order passed on June 7, 2024, the court also directed that no coercive measures will be taken against the petitioner in the matter. PTI COR RAJ SKY SKY