BRIJENDER SINGH DESHWAL Vs. STATE

JUDGEMENT

(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 registered owner of the vehicle got it released on Superdari of Rs. 1,20,000/-. On 1st February, 1996 the said registered owner filed an application before Sh. Prem Kumar, CMM, Delhi on 20th May, 1996 for cancellation of Superdari. Pursuant to the said application CMM directed the IO to produce the police file. On his failure to produce the said file the learned CMM vide order dated 30th July, 1996 directed the SHO Police Station Desh Bandhu Gupta Road to register a proper case either for loss of file or investigate the same and produce the report before him on 9.9.1996.