AMAR SARAN AND SURENDRA SINGH, J. - (1.) THIS writ petition has been filed for quashing the F.I.R. dated 5.3.2005 registered at Case Crime No. 151 of 2005, under section 302 IPC, P.S. Bhagatpur, dis­trict Moradabad and also for a direction not to arrest the petitioners during investiga­tion.
(2.) THIS is a case of torture resulting in death in police custody. It was submitted that the statements of the witnesses were recorded under section 161 Cr. P.C., which v showed that the deceased Lalman had committed suicide by running into the kitchen in the police station and cutting his throat with a knife lying there. Even the statement of Premraj, respondent No. 3, the informant, who is the brother and Smt. Munni Devi, the wife of the deceased were recorded under section 164 Cr.P.C. on 14.9.2005, wherein it was mentioned that the deceased had committed suicide. The Investigating Officer has submitted a final report against the accused, who were police personnel on 19.9.2005. On 24.2.2006 the C.J.M. Moradabad accepted the final report after the witnesses appeared and filed affi­davits stating that they were not interested in prosecuting the accused. Subsequently, however, it appears that on the recommendation of the Na­tional Human Rights Commission, the C.B.C.I.D., Sector Bareilly, has conducted the investigation. It was submitted that there was a bar on second investigation in view of Article 20 (2) of the Constitution and section 300 of the Code of Criminal Procedure. In this connection, Article 20 (2) of the Constitution reads "no person shall be prosecuted and punished for the same offence more than once." In the present case a final report was submitted, the peti­tioners were not prosecuted even once, hence there is no question of double jeop­ardy, if a further investigation into the oc­currence is carried out. Likewise, the bar under section 300 of the Code of Criminal Procedure, again also prohibits a second trial of an accused for an offence, who has been tried and convicted or acquitted of an offence by a Competent Court earlier, while such conviction or acquittal remains in force, on the same facts. Here clearly as the petitioners were not tried at all, these pro­visions can have no application. Under section 173 (8) of the Code of Criminal Pro­cedure, there is no fetter on further investi­gation. On the facts also, as the post mor­tem report shows that the deceased had more than one knife injury, it is not very probable that the said injuries could have been self inflicted and it is a little difficult to comprehend how the deceased could have rushed into the kitchen of the police station and picked up a knife and slit his own throat. We, therefore, see no illegality in this direction for further investigation. This is a case under section 302 IPC and police personnel are being sought to be prosecuted for it. The petition has no force and it is dismissed in limine.;