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2003 Supreme(Del) 725

J.D.KAPOOR
BRIJENDER SINGH DESHWAL – Appellant
Versus
STATE – Respondent


Advocates Appeared:
ARVIND GUPTA, SIDHARTH LUTHRA, SMRITI SINHA

J. D. Kapoor, J.

( 1 ) THIS petition reflects the obsessive approach by a Court in forcing the Investigating Agency to abide by the wish of the Court in filing a charge- sheet inspite of the fact that I. O. after I. O. submitted before the Court that no case was made out against the petitioner. Such an approach by the Court does not augur well for administration of justice as Courts have over the period been advised not to interfere with and traverse into the functioning of Investigating Agency and its domain. Concerned Court is of Chief Metropolitan Magistrate. Initiator was Sh. Prem Kumar and precursor was Sh. R. K. Gauba.

( 2 ) THE petitioner being the Investigating Officer has been booked for an offence punishable under Section 409, IPC on account of having failed to produce the police file relating to FIR No. 155/89 under Sections 279/337, IPC i. e. causing simple and minor injuries due to rash or negligent driving. The facts leading to the registration of the case are, in brief, as under:

( 3 ) AN FIR No. 155/89 under Sections 279/337, IPC was registered at Police station Desh Bandhu Gupta Road and investigated by the petitioner. During investigation the complainant being the








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