SURENDER KUMAR Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) This is a petition seeking setting aside/modifying the judgment dtd. 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 Sec. 302 IPC. The learned ASJ in his order dtd. 25/10/2021 set aside the order dtd. 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:

(3.) It is stated by the petitioner that the observations of the learned Sessions Court is not only contrary to law but also have been passed behind his back and without giving him any opportunity of explaining his conduct and the steps undertaken in the inquiry.