Bhanu Prakash Bajpayee and 8 Others v. State of U.P. and 5 Others

Court No. - 67 Case :- CRIMINAL MISC. WRIT PETITION No. - 17053 of 2023 Petitioner :- Bhanu Prakash Bajpayee And 8 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Ram Kumar Pal Counsel for Respondent :- G.A.,Shikhar Awasthi Hon'ble Rahul Chaturvedi,J. Hon'ble Anish Kumar Gupta,J. Heard Sri Ram Kumar Pal, learned counsel for the petitioners and Sri Shikhar Awasthi, learned counsel for the respondent and learned A.G.A. for the State. By means of the present petition, the prayer sought is to issue a writ of certiorari quashing the impugned order dated 28.10.2023, passed by Joint Police Commissioner, Law and Order, Kanpur Nagar (respondent no.3), in which he has directed to the Deputy Commissioner, South, District-Kanpur Nagar, respondent no.5 to further investigate in Case Crime No. 218 of 2022 u/S 147, 420, 467, 468, 471 and 506 I.P.C, P.S.- Juhi, District-Dakshini (Commissionerate, Kanpur Nagar). Contentions read by the counsel that the F.I.R. was registered way back on 18.11.2022 u/S 147, 420, 467, 468, 471 and 506 I.P.C., P.S.- Juhi, District-Dakshini (Commissionerate, Kanpur Nagar), against the nine accused persons and the police, after holding thorough and professional investigation has submitted a final/closure report in the Court. The reference of this fact finds place at page '100' of the petition, in which it has been written as under: "01.03.2023 आज अनततम पत तववदचक दतरत अपरतध सनखयत 218 / 22 धतरत 147, 420, 467, 468, 471, 506, 384 आई०पल०सल० थतनत जपहल, सद पतप हहआ। अनततम पत, कद स डतयरल एवन अ#य प$ल&स पपत' कत अव&(कन तकयत। आददश हहआ तक पक+रर वतद कद .प मम दजर रलज0टर ह(। वतदल जररयद न(तटस तदनतनक 28.03.23 क( पदश ह( ।" Thereafter, it is contended by learned A.G.A. that the concerned Magistrate, Kanpur Nagar, is seized with the matter. The final report which is filed before concern Magistrate is for his consideration. Concern Magistrate, is now a "custodia legis" of the case. Now, any order passed by the Magistrate could be challenged by invoking the extraordinary powers of this Court. We have perused the only order challenged on 28.02.2023, by which the Joint Commissioner, Kanpur Nagar, has directed to carry out further investigation u/S 173(8) Cr.P.C., We are of the considered opinion that this order cannot be challenged u/S Article 226 of the Constitution of India but under appropriate sections of Cr.P.C. as the learned Magistrate would have final say in the matter. Accordingly, the present petition stands disposed of. Order Date :- 6.11.2023 Shubham Arya High Court of Judicature at Allahabad