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Judgment
J. C. Gupta, J.—Heard applicant''s Counsel.
Under the orders of the Magistrate passed on an application moved on behalf of the applicant under Section 156 (3), Cr. P.C., case has been registered at the police station but no progress has been made in the investigation although a period of almost one year has expired and therefore, a prayer has been made that the respondents be directed to complete the investigation and submit chargesheet at the earliest within a stipulated period. Any direction as sought by the applicant for issuing a direction to submit chargesheet would amount to interference of this Court in the matter of investigation which is not permissible in law.
So far as the prayer that a suitable direction may be issued to the Investigation Officer and the S.S.P., Ghaziabad to complete the investigation expeditiously is concerned, there can be no doubt that the investigation must be prompt, fair and impartial. Police investigation is the foundation stone on which whole edifice of criminal trial rests, an error in the chain of investigation may result in miscarriage of justice. The function of the judiciary in the course of investigation by the police is only complementary and full freedom should be accorded to the investigator to collect evidence connecting the chain of events leading to the discovery of truth. According to the applicant when no progress was made by the Investigating Officer, he also approached the S.S.P. Ghaziabad but with no success.
In the circumstances, this application is disposed of with the observations that the applicant may again approach the S.S.P., Ghaziabad alongwith certified copy of this order who may issue suitable directions to the Investigating Officer as he may deem just and proper in the circumstances of the case.
With the above observations, this application is finally disposed of.