HC holds further investigation cannot be directed merely on the basis of bald allegations


JAMMU, Sep 29: Justice Sanjay Dhar holds that Merely on the basis of bald allegations of the petitioner, further investigation of the case cannot be directed, that too, after four years of filing of challan.
While dismissing the petition, Justice Sanjay Dhar observed that the petitioner is a prosecution witness and, as submitted by learned counsel for the petitioner, his statement before the trial Magistrate is yet to be recorded. It will, therefore, be open to the petitioner to state whatever facts within his knowledge before the trail Magistrate and if, after recording of the evidence, the trial Magistrate comes to the conclusion that there is material against respondents No. 3 and 4, it shall be open to the trial Magistrate to implead respondents Nos. 3 and 4 as accused or the same can be done by the trial Magistrate on the strength of an application of the prosecution or an application on behalf of the petitioner by exercising powers under Section 319 of Cr.PC.

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