STATE Vs. PRADEEP

JUDGEMENT

(1.) A reference dated 08.01.2003 has been made by the Juvenile Justice Court, Delhi, whereby the court has sought information on the following points:-

(2.) As regards reference No. 1 once the court finds that the application was moved on false grounds although duly forwarded by the prosecution on completion of investigation it is not incumbent on the court to accept the same. It may direct further investigation into the matter. It is the court which has to decide whether the accused should be discharged of the offence. Kurup Engineering Company Pvt. Ltd. v. Bharat Heavy Electricals Ltd. & Ors. 493 It is not bound by the report forwarded to it. However, it may take the same into consideration. This is amply borne out from the procedure established by law settled by umpteen decisions. Reference may be had to the leading cases on this aspect in King Emporer v. Nazir Ahmed, AIR 1945 PC 18 and H.S. Bains v. State (U.T.Chandigarh), AIR 1980 SC 1883.

(3.) As regards reference No. 2, the power of the court to do justice are not fettered by any powers of investigation which the police may have. If the court thinks in a particular case and in particular circumstances that a test identification parade (TIP) would be proper in the interest of justice there is no bar to its ordering the same.