Senan Singh Majithia vs State Of Uttarakhand And Another

Ravindra Maithani, J

In the instant petition, the petitioner has sought direction that the police be directed to include sections 326, 341, 452, 307 and 149 IPC to the FIR No. 39 of 2022, Police Station Mukteshwar, dated 14.08.2022, District Nainital and to conduct a fair and effective investigation.

Heard learned counsel for the parties and perused the record.

Learned State counsel gives a statement that the charge sheet has already been filed in the matter under Section 147, 323, 504, 506 and 427 IPC on 15.02.2023.

Learned counsel for the petitioner would submit that, in fact, there was an X-ray. The kind of injuries which were inflicted on the victim warrants inclusion of sections 326, 341, 452,307, 149 IPC. It is submitted that, in fact, in the counter affidavit, the State has admitted the existence of X-ray report, but that was not believed by the Investigation Officer for wrong uses.

Learned State counsel would submit that reinvestigation was conducted in the matter and after completion of investigation, charge sheet had already been submitted.

The Investigating Officer is always free to investigate the matter in accordance with the provisions of the law. He cannot be directed to conduct an investigation in a particular manner or include or delete any section of any of the penal laws.

Since in this matter, charge sheet has already been submitted, the court of Magistrate, would take cognizance under the provisions of law, as it made out from the perusal of charge sheet and the documents connected therewith. There would occasion in the trial when still the victim may have opportunity to place the argument as to which offence(s) is made out.

In view of the foregoing discussion, this Court is of the view that the petition deserves to be dismissed.

The petition is dismissed.