- (1.) The applicants namely, Nusrat, Noor Mohammad, Nurkan, Furkana, Anjum, by means of this application under Section 482 Cr.P.C., have invoked the inherent jurisdiction of the Court with prayer to set aside impugned charge-sheet dated 26.9.2019, order dated 4.9.2019, passed by Judicial Magistrate, Mawana, Meerut as well as the entire proceeding of Criminal Case No. 7075/9 of 2019 (State V/s Nusrat), arising out of Case Crime No. 4 of 2019, under Sections 498A, 323, 504, 506, 376D, 307, 201, 342 I.P.C. and Section ? of D.P. Act, P.S. Mawana, District Meerut, pending in the Court of Special Chief Judicial Magistrate, Meerut, which was subsequently filed after filing of previous charge-sheet and taking of cognizance over it, in course of further investigation made by Investigating Officer and in accordance with order of Magistrate, over an application moved under Section 173(8) of Cr.P.C.
(2.) Heard learned counsel for the applicants and learned A.G.A. for the State.
(3.) Learned counsel for the applicants argued that Case Crime No. 4/2019, was got registered under Sections 498A, 323, 504, 506, 376-D, 307, 201, 342 I.P.C. and Section 3/4 of D.P. Act, upon the report of Saima, against Nusrat- husband, Noor Mohammad- father-in-law, Nurkan brother-in-law, Furkana- sister-in-law, Anjum- sister-in-law and one friend of Nurkan. This was investigated, wherein, charge-sheet was filed and cognizance over this charge-sheet was taken, for offences punishable under Sections 498A, 323, 504, 506 I.P.C. read with Section 3/4 of D.P. Act. Offences punishable under Sections 376-D, 307, 201 and 342 I.P.C. were held to be not made out and for those offences, charge-sheet was not filed. Subsequently, an application for further investigation was moved by Investigating Officer, before Magistrate and it was rejected, vide order dated 27.8.2019. It was a detailed judicial order, whereby, application moved under Section 173(8) of Cr.P.C. was rejected. Again, an application was moved by I.O. with same prayer, which was allowed by order dated 4.9.2019, by writing a single word "permitted" by Judicial Magistrate and in view of this, further investigation, made by Investigating Officer, subsequent, charge-sheet was filed, wherein, cognizance was taken for offences including offences punishable under Sections 376-D, 307, 201 and 342 I.P.C., which was apparently erroneous. Hence, this application under Section 482 of Cr.P.C. was filed. But due to mistake by steno, both of the cognizance taking orders were challenged. Whereas, this application was filed for challenging second and subsequent cognizance taking order. Hence, on previous date, this Court permitted for making deletion and correction in application, with a direction for filing of supplementary affidavit, which has been filed on today and taken on record. Hence, this subsequent investigation, in form of further investigation, was not permitted and the subsequent charge-sheet for those additional sections were under abuse of process of law. Hence, for ensuring end of justice, this application has been filed with above prayer.;