A Section 482 Cr.P.C. application was dismissed for lack of merit as the Court below was held competent to ensure compliance with prior orders regarding investigation and postmortem of a deceased.
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Court No. - 80
Case :- APPLICATION U/S 482 No. - 706 of 2020
Applicant :- Yakoob Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rizwan Ullah Siddiqui Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard learned Counsel for parties.
In fact this application under Section 482 Cr.P.C. has been filed by the applicant for compliance of order dated 22.04.2019 passed by CJM Saharanpur in criminal case no.1164 of 2018, under Sections 328 and 302 IPC, Police Station Kutubsher, District Saharanpur.
Main grievance of learned Counsel for applicant is that Police is not complying with the order passed by CJM Saharanpur.
By the impugned order Court below directed the SHO Janakpuri, District Saharanpur to get the matter investigated by any fair Investigator and get postmortem of deceased done, if possible.
Learned Counsel for applicant prays that in the interest of justice opposite party no.2 be directed to get the postmortem of deceased done in pursuance of order dated 22.04.2019.
In my opinion Court below / CJM is fully competent and authorized to pass a suitable order for compliance of its order, in accordance with law. I do not find any reason to interfere in the matter.
Application lacks merit and is hereby accordingly dismissed.
However, applicant is at liberty to approach before the proper forum for the same.
Order Date :- 7.1.2020 I.A.Siddiqui
1 issue framed by the court
Whether the Court below was competent to pass an order for compliance and whether the applicant's grievance warranted interference under Section 482 Cr.P.C.
2 provisions across 2 enactments
Yakoob
Rajendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
