SHASHI KANT SINGH Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) THE petitioners are aggrieved by the impugned order dated 01.09.2007 in terms whereof the learned Metropolitan Magistrate has directed further investigation into the matter and filing of a supplementary charge-sheet on account of the fact that the trial court has found that no investigation whatsoever against the owner of the premises was done.

(2.) THE petitioners are employees of a transport firm M/s. Speedage Express Cargo Services and one deceased Kailash Chand was sitting on the roof of the container for counting of articles and got electrocuted. The order dated 01.08.2007 shows that in view of the electrical inspection report showing that the current through the building came charged because of there being no earthing of the wires, the proper investigation in that behalf would have been made. The IO sought time to further investigate the matter and filed the supplementary charge-sheet.

(3.) LEARNED APP, however, submits that the issue sought to be raised by the petitioners is covered by a Full Bench judgment of this Court inRajneesh Kumar Singhal v. State (National Capital Territory of Delhi), 2001 (2) Crimes 346 (FB) where it has been held that the Magistrate is empowered to direct further investigation under Section 173(8) of the Cr.P.C. even in a case where police after investigation filed the challan and the Magistrate takes cognizance of the offence. The rationale for the same is explained in the judgment that restricting the powers of a Magistrate would adversely affect administration of justice.