HARDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) HAVING heard learned counsel for the petitioner and for the reasons stated in the application, the same is allowed and delay of 155 days in filing the criminal revision petition is condoned.

(2.) LEARNED Counsel for the petitioner vehemently argued that the documents and the statements forming basis of report under Section 173(8) Cr.P.C. are required to be taken into consideration while framing charges in view of the law laid down in Rama Choudhary v. State of Bihar. : 2009 (2) RCR (Crl.) 571 wherein the Hon'ble Supreme Court has held that even if the police has submitted a challan after investigation in Court, still the police can further investigate the matter but police has no right to re -investigate the case. The contention of learned counsel is that present is a case of further investigation and not fresh or re -investigation, therefore, in view of aforementioned judgment of the Hon'ble Supreme Court, the impugned order is liable to be set aside.

(2.) I have considered the contentions of Learned Counsel for the petitioner.