2008 (1) TMI 798

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....on whatsoever against the owner of the premises was done. 2. The petitioners are employees of a transport firm M/s. Speedage Express Cargo Services and one deceased Kailash Chand was sitting on the roof of the container for counting of articles and got electrocuted. The order dated  1-8-2007 shows that in view of the electrical inspection report showing that the current through the building came charged because of there being no earthing of the wires, the proper investigation in that behalf would have been made. The IO sought time to further investigate the matter and filed the supplementary charge-sheet. 3. Learned counsel for the petitioners seeks to rely upon the judgment of learned Single Judge of this Court in Kulb....

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.... the petitioners is covered by a Full Bench judgment of this Court in Rajneesh Kumar Singhal v. State (National Capital Territory of Delhi), 2001 (2) Crimes 346 (FB) where it has been held that the Magistrate is empowered to direct further investigation under Section 173(8) of the Cr.P.C. even in a case where police after investigation filed the challan and the Magistrate takes cognizance of the offence. The rationale for the same is explained in the judgment that restricting the powers of a Magistrate would adversely affect administration of justice. 5. At this stage, when a judgment is pointed out, learned counsel for the petitioners submits that he is aware of the judgment, but that he seeks to challenge the procedure by which fu....

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....ave not expressed any final opinion on the merits of the case." 7. On appreciation of the submissions mae by learned counsel for the parties, it is obvious that the judgment of R.S. Sodhi, J. in Kulbhushan Sharma's case (supra) has been pronounced without considering the Full Bench judgment of this Court in Rajneesh Kumar Singhal's case (supra). The judgment appears to have not been brought to the notice of the learned Single Judge and it was the bounden-duty of the counsels to have done so. The result is that the judgment of the learned Single Judge runs in the teeth of the pronouncement by the Full Bench of this Court. In fact, while the petitioner has referred in the present petition to the judgment of Kulbhushan Sharma's case (s....