AI Structured Summary
Not yet generated for this judgment
Judgment
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. 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. 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.
The same will appear for hearing before the next available co- ordinate Bench taking up such matters, sitting on urgent basis and/or regular
Bench (in the event of resumption of regular work of this Court in the meantime) after next Friday, that is, July 24, 2020.
The respondents are directed to produce the case diary in connection with the investigation on the next date of hearing. In the meantime, the respondent-authorities are directed to proceed with the investigation, upon including the ingredients of Section 302 of the Indian Penal Code, subject to the result of this revisional application.
Urgent website copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.