Interim Order 6

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 17 Cr Cases 464/2022 STATE Vs. ROUSHAN KUMAR 78/2021
(Tilak Marg)
12.02.2025
Presence: Sh. Praveen Kumar, Ld. APP for State.
Accused in person.
Sh. Sudhir Kumar, Ld. counsel for accused.
An application has been moved on behalf of accused
under section 193(9) of BNSS seeking further investigation in the
present.
It is submitted on behalf of the applicant that there has
been lapses in the investigation qua the present case and the
chargesheet is silent regarding the documents like gate pass of the
accused, daily task training of the staff of the concerned site
conducted by site engineer, height work permit provided by the
company, attended sheet / record submitted by the site employee to
the time keeper / Admn. Department and Whatsapp communication of
Mr. Devesh, Mr.Mishra and Mr. Pandey regarding work profile and
designation of the employee of the site with their gate pass numbers
during the period of incident. It is prayed in the application that a
direction may be issued to the IO / SHO for further investigation in
the present case qua the documents mentioned in the applciation.
Submissions heard. Record perused.
In the present matter, the cognizance was taken vide
order dated 21.03.2023 and this court found sufficient material on
record to proceed against the accused. Vide order of even date, the
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accused were also summoned. This court is of the view that the
documents that have been mentioned in the present application, can be
brought on record during the defence evidence stage, if the defence is
of the view that these documents are important and could possibly aid
in absolving the accused of his criminal liability. Re-opening the
investigation or ordering further investigation is not warranted at this
stage considering the fact that there is already sufficient material
against the accused to proceed against him.
This court has not inclined to allow the application
moved on behalf of accused / applicant for further investigation under
section 193 (9) of BNSS. The application is accordingly dismissed
and disposed of.
Put up for framing of charge on 11.06.2025.
(RAVI)
JMFC-07/PHC/ND/12.02.2025
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