Sh. Madan Lal Sharma v. The State Govt. Of NCT O F Delhi And ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1274/2022 SH. MADAN LAL SHARMA .....Petitioner Through:

Mr.Dharmendra Sharma and Mr.Madan Lal Sharma, Advocates with petitioner in person.

versus THE STATE GOVT. OF NCT O F DELHI AND ORS.

.....Respondents Through:

Mr.Yasir Rauf Ansari, ASC for State with SI Satyadev Rana and PSI Dheeraj Gupta, PS Laxmi Nagar

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 03.04.2025 1.

The present writ petition is filed by the petitioner essentially because he is not satisfied with the manner in which the investigation was carried out by the police authorities. 2.

In an unfortunate incident, the son of the petitioner expired on 09.02.2022. Thereafter, the petitioner filed a complaint before the police authorities on 10.03.2022 requesting for registration of FIR against Respondent No. 5 alleging that he had murdered his son. The FIR was not registered initially. 3.

Thereafter, the petitioner filed an application under Section 156(3) of the Code of Criminal Procedure, 1973, pursuant to which, the FIR was registered for offences under Sections 279/304A of the Indian Penal Code, 1860 ('IPC'). 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 07/04/2025 at 13:08:13

4.

The petitioner is aggrieved that the FIR should have been registered for the offence under Section 302 of the IPC. 5.

The learned Additional Standing Counsel for the State, at the outset, submits that the FIR is not an encyclopaedia. He submits that the FIR has been registered on the basis of the initial information, and if on further investigation, the accused persons are found to be involved in any other serious offence, an appropriate final report will be filed.

6.

He submits that no allegations ought to be made against the police authorities for not having registered the FIR for offences that were appropriate as per the petitioner. He submits that the investigation in the present case is ongoing and various steps have been taken, including, the collection of CCTV footage and recording of the statements of various witnesses. He submits that the polygraph tests of the suspect persons has also been scheduled from 24.04.2025 to 26.04.2025.

7.

I have gone through the status report filed on behalf of the State.

8.

At this stage, this Court is satisfied that the investigation is being carried out in a proper and fair manner. Therefore, this Court does not consider it appropriate to keep the present proceedings pending for monitoring the investigation. 9.

The petitioner is at liberty to file an appropriate application before the learned Trial Court if he is not satisfied with the final report that may be filed after the investigation. 10.

The petition is disposed of in the aforesaid terms. AMIT MAHAJAN, J APRIL 3, 2025/"SV"

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 07/04/2025 at 13:08:13