COURT ON ITS OWN MOTION 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 to whether the Court should discharge the accused though the discharge application was moved on the false grounds duly forwarded by the prosecution on completion of the investigation, or the court can direct in accordance with law to the investigating agency for the further investigation in proper manner within the appropriate provisions of law after filing of charge sheet in the court and also after non-compliance of the directions of conducting the TIP.

(3.) It is further requested to guide the court officers as to whether the court can sent the complainant for the purpose of TIP by marking it to the Ld.Link magistrate on its own to ascertain as to whether recovery can be connected with the complainants of theft particularly in the circumstances when ther is no application moved by IO for conducting TIP for the reasons best known to him and no application has been moved even by the complainants who may not be aware of the procedure in which they can identify their case property because the court can examine the witness for the purpose of case property only after framing of charges and only on finding a prima facie case against the delinquent which is not a case in the present case.