NARENDRA KUMAR Vs. JUDICIAL MAGISTRATE ROORKEE

JUDGEMENT

(1.) THIS application has been pre ferred under Section 482 of Criminal Procedure Code for quashing of the charge-sheet dated 31-10-2003 and cognizance taken thereon on 2-12-2003 by the Judicial Magistrate, Roorkee.

(2.) BRIEF facts of the case, according to the applicants are that an F. I. R. was lodged by the complainant- Raj Kumar on 25-11-2002 at P. S.-Bhagwanpur (District-Hardwar) under Sections 307, 323, 324, 452, 504 and 506 I. P. C. that the petitioner assaulted his family members. The case was reg istered at Crime No 176 of 2002.

(3.) THE Judicial Magistrate, Roorkee, Haridwar took cognizance and issued bailable-warrant against the applicants on 2-12-2003 and ensured the presence of the applicants (ac cused) in the court fixed the date for appearance on 9-12-2003. Applicants were not arrested by the Police Au thorities. THE S. S. P. Haridwar ordered further investigation of the case U/s 173 (8) of Cr. P. P. assigning it to Spe cial Investigation Squad after submis sion of the aforesaid charge-sheet. THE Investigating Officer (Special Investigation Squad) moved an application on 8-12-2003 before the trial Court seek ing permission for further investigation as per provisions of Section 173 (8) Cr. P. C. THE Learned Magistrate granted permission accordingly on the same date. THEreafter, another appli cation was moved by Investigating Officer on the very same day praying for suspension of the proceedings till the completion of further investigation. THE Magistrate granted this permission too and suspended the proceedings.