ANNU DAS Vs. STATE

JUDGEMENT

(1.) The petitioner, by relying on the Judgment reported at (2013)5 SCC 762 (Bina Tyagi Vs. Irshad Ali), argues that the impugned order, whereby the prayer of the petitioner as de facto complainant, for addition of Section 302 of the Indian Penal Code to the investigation in question, was refused.

(2.) It is further argued by learned counsel for the petitioner that the investigation is also going on in a slip-shod manner and as such prays for a direction upon the police to increase its pace.

(3.) In view of the petitioner having made out a prima facie case as to the refusal by the Magistrate concerned, to add Section 302 of the Indian Penal Code, despite such prayer being made by the police authorities, being without jurisdiction, the present revision being CRR 1081 of 2020 is admitted.