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SANJEEV KUMAR
Sukhdev Singh son of Charan Singh – Appellant
Versus
State of Jammu and Kashmir th. Director General of Police J&K, Jammu – Respondent
JUDGMENT :
Factual Matrix :
1. In an accident that took place on 20.05.2011, son of respondent No.3, namely Sarabjeet Singh, who was riding on his motorcycle, was hit by an allegedly rashly driven grey coloured Bajaj Chetak scooter. The son of respondent No.3 fell down from his motorcycle and sustained grievous injuries. The injured son of respondent No.3 remained lying on spot for half an hour and was not shifted by anybody to the hospital. Respondent No.3, on being informed about the accident by one Mandeep Singh, rushed to the spot and shifted his son to the hospital. However, he was declared brought dead.
2. With regard to the aforesaid incident, FIR No. 115/2011 came to be registered at the Police Station, Gandhi Nagar, Jammu. Apprehending that the matter shall not be investigated by the police in a fair manner due to the influence of the petitioner, respondent No.3 filed OWP No.1483/2011 before this Court seeking, inter alia, a direction to the police to hand over the investigation to the Crime Branch. This Court did not accede to the request of respondent No.3 for transfer of investigation, but instead directed the SP South Jammu to entrust the investigation to an Investigating
The main legal point established in the judgment is that the Magistrate is empowered to direct further investigation if the police investigation is found to be perfunctory, and the victim or close re....
A Magistrate must independently evaluate evidence and not solely rely on police conclusions when dismissing a complaint; proper procedures under the Code of Criminal Procedure must be followed.
The Magistrate cannot treat a case as a complaint after taking cognizance based on a charge-sheet; further investigation rights lie with the police.
The accused has no right to seek further investigation after a charge sheet is filed, and discrepancies in evidence are to be resolved at trial.
The Magistrate has the power to order further investigation even after cognizance is taken and accused appears, if the facts of the case demand so, in the interest of justice and to avoid miscarriage....
The Magistrate cannot retroactively classify a case as a complaint after taking cognizance based on an investigation report, as further investigations are solely under the police's purview without re....
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