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2022 Supreme(Del) 136

JASMEET SINGH
Surender Kumar – Appellant
Versus
State Of NCT Of Delhi – Respondent


Advocates Appeared:
Mr Dhananjay Singh Sehrawat, Advocate, for the Appellant, Mr Ranbir S Kundu, Asc For State, Mr Mukul Dagar, Ms Pooja, Mr Naresh Dagar, Advs, for the Respondent.

ORDER

1. This is a petition seeking setting aside/modifying the judgment dated 25.10.2021 passed by learned ASJ-02, North-East District, Karkardooma Courts, Delhi and further to expunge the remarks made against the petitioner and to set aside the direction of initiating inquiry against the petitioner.

2. The petitioner in the present case is the Investigating Officer who had conducted investigation in FIR No. 428/2011, Police Station - New Usmanpur, under Section 302 IPC. The learned ASJ in his order dated 25.10.2021 set aside the order dated 17.10.2019 passed by the Court of learned Metropolitan Magistrate, and while doing so, the learned ASJ in para 17 of the order observed as under:

    "17. Before parting with this revision petition, it is necessary to notice the conduct of IO, Inspector Surender Kumar, Crime Branch, Delhi. IO was well aware about the status of the case which had already been committed to this court and also used to attend the proceedings before this court. Even he was well aware about the factum that application of accused u/s 307 Cr.P.C had already been dismissed by the Ld. Predecessor of this court vide order dated 03/09/2019, but instead of getting challenged the

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