Vikas Chahar & ORS. v. The State NCT Of Delhi & ANR.

$~17 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1085/2024, CRL.M.A.

10276/2024 & CRL.M.A. 10277/2024 VIKAS CHAHAR & ORS.

.....Petitioners Through:

Mr.

Ashok Kumar Chhikara, Advocate.

versus THE STATE NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Yasir Rauf Ansari, ASC-CRL for the State with Mr. Alok Sharma & Mr.

Vasu Agarwal, Advocates.

Inspector Bijay Kumar (P.S. Bawana).

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 04.09.2024 1.

The learned Additional Standing Counsel for the State submits that the chargesheet has already been filed in the present case and the matter is listed for arguments on charge. 2.

The petitioner claims that there was a telephonic conversation between Petitioner No.1 and the brother of the victim.

3.

He submits that the perusal of the transcript would disclose that no demand of dowry was made by the petitioners. 4.

He submits that the said conversation happened after filing of the chargesheet.

5.

The learned counsel for the petitioner submits that an application under Section 156(3) of the CrPC was filed to bring the said conversation and its transcript on record. However, no The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/09/2024 at 15:38:39

order was passed by the learned Trial Court.

6.

Concededly, the chargesheet has already been filed. The document sought to be relied upon by the petitioner is in the nature of the defence evidence. Even otherwise, the petitioner is at liberty to file an appropriate application for summoning any document or any other thing which is necessary or desirable for the purpose of investigation, inquiry, trial, or other proceedings under Section 91 of the CrPC. It is within the powers of the learned Trial Court where the matter is pending for consideration to decide whether the document or a thing sought to be produced is relevant for the purpose of proceedings.

7.

With regard to the prayer seeking quashing of the FIR, the investigation has already been completed and the chargesheet has been filed. The matter is now listed for arguments on charge. The petitioner is admittedly at liberty to take all arguments before the learned Trial Court.

8.

The petitioner is also at liberty to file an appropriate application before the learned Trial Court.

9.

The petition is dismissed with the aforesaid observations. AMIT MAHAJAN, J SEPTEMBER 4, 2024 'Aman'

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/09/2024 at 15:38:39