Magistrate Can't Mechanically Accept Closure Report Stating Accused Is 'Undetected', Must Ensure All Aspects Are Probed: Madras High Court - Advocate R. Karunanidhi appeared in this case for the Petitioner
The Madras High Court has directed an investigation into the complaints made by a Senior Warden alleging violence suffered by him due to some disciplinary action taken against ragging. Terming the order of the Magistrate rejecting the demand for further investigation as cryptic, the Bench set aside the same. The High Court was considering a Criminal Revision Petition filed under Section 438 read with Section 442 of BNSS, to set aside the order passed by the Judicial Magistrate Court and direct further investigation. The de facto complainant raised the concern that a criminal investigation, born out of a serious incident inside a medical college hostel campus, was brought to a premature burial under the caption “undetected”, without exhausting the avenues of investigation which the facts of the case reasonably demanded. The Single Bench of Justice L. Victoria Gowri held, “The impugned order does not indicate that the learned Magistrate independently considered the specific objections ...