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High Court of DelhiW.P.(CRL)/253/2018

Sadhana Jain v. The State Govt Of NCT Of Delhi

2018-01-24Hon'Ble Ms. Justice Mukta Gupta2 pages

49# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 253/2018 SADHANA JAIN ..... Petitioner Represented by:

Mr. Anuj Kumar Pandey, Advocate with petitioner in person.

versus THE STATE GOVT OF NCT OF DELHI ..... Respondent Represented by:

Mr. Sanjay Lao, Additional Standing Counsel for State with SI Veena, PS Keshave Puram.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 24.01.2018 Crl. M.A. No. 1448/2018 (Exemption) Allowed, subject to all just exceptions.

W.P.(CRL) 253/2018 1.

Issue notice.

2.

Learned Additional Standing Counsel accepts notice on behalf of the State. Status report has been handed over which is taken on record. 3.

By this petition the petitioner who is the complainant of FIR No.518/2017 prays that the accused in FIR got lodged by her be arrested. 4.

The allegations of the complainant in the FIR were that after her marriage to Shripal Jain, she was harassed by her husband and in-laws. She further alleges that her abortion was got done by the in-laws and she was raped by her father-in-law.

W.P.(CRL) 253/2018

5.

As per the status report after FIR was registered notice under Section 160 Cr.P.C. was given to the accused persons who joined the investigation. CD of the conversation with the petitioner/complainant was submitted by Kamal Chand Jain, the father-in-law recorded from 3rd August, 2017 to 8th August, 2017 between the petitioner and her husband wherein relations were found to be apparently normal. The CD has been sent for FSL examination. Further, till date no documents have been provided by the petitioner of her medical treatment including abortion.

6.

Learned Additional Standing Counsel for the State on instructions from the Investigating Officer states that the charge sheet has been prepared and will be filed within two weeks.

7.

Considering, the nature of evidence which was forthcoming on behalf of the complainant and charge sheet having been prepared, completion of investigation by the Investigating Agency without any formal arrest of any accused cannot be termed as illegal and no directions in this regard are warranted by this Court.

8.

Petition is dismissed.

MUKTA GUPTA, J.

JANUARY 24, 2018 'vn'

W.P.(CRL) 253/2018