- (1.) S. K. Phaujdar, J. Through this ap plication under Section 482, Cr. P. C. the four applicants had made a prayer to quash the charge- sheet dated 3-7-96 in relation to case Crime No. 165 of 1996 under Sec tions 307/302, IPC, P. S. Khair, District Aligarh. There is also a prayer for quashing an order dated 16-12-1997 recorded by the 1st Addl. Sessions Judge, Aligarh, whereby he had framed charges for offences under Sections 302/34 and 307/34, IPC against the applicants Bhanwar Singh and Giri Raj Singh in ST No. 1019 of 1997 arising out of the aforesaid charge-sheet. There is a third prayer for directing the CB C[d make a further investigation in the aforesaid case and to submit their findings before the concerned court.
(2.) THE grounds upon which the ap plication has been filed are various. It is stated that the applicants have been falsely implicated due to village revelry. It is fur ther stated that their applications before the court and the State Government fell in deaf ears when they urged that they were falsely implicated. It is further stated that Bhanwar Singh himself had made an ap plication before the CJM, Aligarh on 7-6-96 for action under Section 156 (3), Cr. P. C. THEre was a direction upon the Sr. Super intendent of Police to do the needful but actually nothing was done. THE matter is still pending at the stage. It was stated further that when they approached to the State Government for an investigation through, the CB CID, an order was passed on 3-8-96 directing entrustment of inves tigation to the CB CID. THEre was a prayer for staying further proceedings on the basis of charge-sheet submitted by the local police and the CJM had rejected the prayer on the ground that cognizance was already taken. It was further indicated that upon the order of the State Government directing investigation by the CB CID, the Superintendent of Police had recorded an order to stay the submission of charge-sheet by the local police. The learned counsel relied on several case-laws in support of his conten tion. Reliance was placed on a decision of the Supreme Court in the case of State of Bihar v. JAC Saldhana, as reported in (1980) 1 SCC 554. It was held herein that further investigation under Section 173 (8), Cr. P. C. for a cognizable offence could have been made under an order of the State Government and the Magistrate was justified in postponing consideration of the report submitted to him by the pre vious investigating agency under Section 173 (2), Cr. P. C. In this very case-law it was observed that the High Court should not have interfered at the stage of investiga tion. Reliance was also placed on another decision of the Supreme Court in the case of State through CBI v. Daud Ibrahim Cas-kar, as reported in 1997 All India Judicial Interpretation on Crimes at page 520 : 1997 JIC886 (SC ). With reference to para graphs 8 and 9 of the judgment, it was contended that when further investigation was pending under Section 173 (8), Cr. P. C. after cognizance was taken on an earlier charge-sheet, it was the discretion of the Magistrate under Section 309, Cr. P. C. to see if the matter pending before him would be adjourned or not. The other case- law that was relied upon by the learned counsel stands reported in AIR 1979 SC 1791, which was referred to in the case of State through CBI (supra ). In this case (Ram Lal Narang v. Om Prakash Narang) it was ob served that when cognizance of an offence was taken by the Magistrate upon a charge-sheet, a further investigation by the police was not barred under the law. I may not find any relevancy of these judgments in support of the contention of the applicant. We may come to the prayers one by one. The charge-sheet dated 3-7-96 may not be quashed as, according to averment of the petitioner, the State Government had entrusted investigation to the CB CID only on 3-8-1996, i. e. after the submission of the earlier charge-sheet. As regards the order dated 16-12-97 it can only be stated that when charges have been framed and the order for framing charge is open to revision, the powers under Section 482, Cr. P. C. may not be used to quash an order framing the charge. Concerning the third prayer for a direction upon the CB CID to make a free and fair investigation and to submit the report before the court con cerned, it can only be stated that inves tigating is within the domain of the inves tigation agency and there may not be any directing requiring the agency to proceed in a particular manner or to submit a report in haste. It can only be observed that whichever be the investigating agency, more than normal length of time may not be taken by them, unless the investigation requires resolution of any complicated question of fact. As regards the stay of further proceedings in S. T No. 1019 of 1977 pending before the IXth Addl. Ses sions Judge, Aligarh, it can only be ob served that if validity of the charge is chal lenged in a revision, interim orders may be prayed for in such an application.
(3.) WITH the above observation, the present application stands dismissed. Application dismissed. .;