Rajeshwar Singh - (1.) THIS is an application under Section 482 CrPC. The prayer made in the application are these :- "That for the facts and reasons given in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may be pleased to quash the subsequent charge-sheet under Sections 395/397 IPC submitted in the Court on 1-10-1988. "It is further prayed that this Hon'ble Court may be pleased to stay the arrest of the petitioners and further be pleased to stay the proceeding pending in the court of Munsif-Magistrate, Sultanpur, which was earlier pending in the court of 1st Judicial Magistrate, Sultanpur in pursuance of Crime No. 216 of 1987, P.S. Dhammeur District Sultanpur."
(2.) IT will be noticed that the first prayer is that subsequent charge- sheet submitted in the court by the police on 1-10-88 be quashed. This point will be examined shortly. The second prayer is that arrest of the petitioners and proceedings in the court of Magistrate be stayed. The stay cannot go on for all time to come. It can only be for a limited period that is during the pendency of this application. If it is ultimately found that proceedings are illegal, they will be quashed. If no illegality is found, the stay if once granted will be vacated. Hence this prayer of stay appears to have been asked only as an interim measure and not as a final relief. This prayer as interim measure can be granted only if some substance is found in the first prayer and the petition is admitted. If no substance is found in the first prayer and the petition is not admitted, the question of granting second prayer does not arise. So I revert to the first prayer of the applicant. It seems that some first information report was filed and the applicants have not filed its copy with the application. However, it appears that one charge-sheet was filed in this case and it is annexure 2. From reading of this charge-sheet it appears that some allegations were believed and the charge-sheet was submitted under Sections 147, 148, 149, 323 and 325 IPC, but for an allegation of robbing some amount and articles sufficient evidence was not found and so this allegation of the first information report was not acted upon by the police.
(3.) THEN argument of the applicant is that subsequently some witnesses filed affidavits before the Magistrate that the Investigating Officer did not make inquiry from them regarding the incident and by avoiding it he did not file charge-sheet for offence under Sections 395/397 IPC. The Magistrate sent copies of these affidavits to the police. Thereafter police submitted second charge-sheet which is also under Sections 395/397 IPC. From this charge- sheet it appears that firstly the offence as investigated by one Sub-Inspector and then Circle Officer entrusted investigation to another Sub-Inspector and he submitted charge-sheet under Sections 395/397 IPC. While doing so it was written on the first charge-sheet by the S. P. that it was being cancelled. The argument is that the second charge-sheet could not be submitted, the first could not be cancelled and no further investigation was made by the Investigating Officer. Section 173 CrPC provides for submission of charge-sheet on completion of investigation. Its sub-section (8) runs as under :- "Nothing in this section shall be deemed to preclude further investigation in respect of an offence after a report under sub-section (2) has been forwarded to the Magistrate and, where upon such investigation, the officer in charge of the police station obtains further evidence oral or documentary, he shall forward to the Magistrate a further report or reports regarding such evidence in the form prescribed ; and the provisions of sub-sections (2) to (6) shall, as far as may be apply in relation to such report or reports as they apply in relation to a report forwarded under sub-section (2)." ;