REKHA DEVI Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner's brother was murdered and a named F.I.R. dated 14.5.2015 was lodged being case crime No.635 of 2014, under Section 302 I.P.C., Police Station Sector 20, NOIDA, District Gautam Budh Nagar. The petitioner subsequently found that her second brother was also involved and, accordingly, approached the authority for further investigation. It is alleged that the petitioner approached the Superintendent of Police and filed an application, which remained pending and, when all efforts failed, the petitioner approached the Chief Judicial Magistrate and filed an application under Section 173(8) of the Cr.P.C. praying for further investigation. The Chief Judicial Magistrate by an order dated 25.3.2015 rejected the petitioner's application, on the ground, that the case has been committed to trial and, therefore, the Chief Judicial Magistrate has no jurisdiction to pass any order on the petitioner's application. The petitioner has thereafter filed the present writ petition praying for a writ of mandamus commanding the Senior Superintendent of Police as well as the Station House Officer to conduct further investigation in case crime No.635 of 2014.

(2.) We have heard the learned counsel for the petitioner as well as the learned A.G.A.

(3.) The petitioner is not the informant, but, is the sister of the deceased. The learned A.G.A. contends that the petitioner is an outsider and cannot move an application either before the Magistrate or before the Court.