S R Agarwal v. State NCT Of Delhi

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1421/2024 S R AGARWAL .....Petitioner Through:

Mr. Vishesh Wadhwa, Ms. Swadha Gupta, Mr. Vishwam Mishra, Mr.

Ayush Singh, Mr. Shivam Dhaiya, Mr.

Ananant Singh and Mr. Ritik Rana, Advocates.

versus STATE NCT OF DELHI .....Respondent Through:

Mr. Sanjeev Bhandari, ASC for the State.

CORAM:

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 18.02.2025 1.

The present petition has been filed under Article 226 of the Constitution seeking following reliefs:

"a. Issue an appropriate writ/order/direction in the nature of a Writ of Mandamus or any other appropriate writ thereby directing the transfer of investigation in the FIR No. 663/2015 under section 304A/201/202 of the Indian Penal Code registered with PS: Punjabi bagh from the present investigating agency to the Central Bureau of Investigation, Crime Branch or any other appropriate investigating agency; and/or, b. Issue an appropriate writ/order/direction in the nature of Mandamus or any other appropriate writ thereby directing the Investigating agency in the FIR No. 663/2015 under section 304A/201/202 of the Indian Penal Code registered with PS: Punjabi bagh to conduct speedy, fair, impartial reinvestigation and submit the Charge-sheet in a timely manner; and/or, C.

Kindly issue the appropriate and necessary directions to the court of Mr. Dev Saroha Ld. MM-O01, Tis Hazari District Courts, West District, New Delhi, for conducting expeditious, speedy and W.P.(CRL) 1421/2024 Page 1 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

time-bound trial of the case bearing Cr. Case 1008/2018 arising out of FIR no. 663/2015 u/s 304A/201/202 of ipctitled as "State vs John Dominic. And/or"

2.

Learned ASC for the State submits that during the pendency of these proceedings the charge-sheet as well as the supplementary charge-sheet stands filed qua FIR No. 663/2015. He states, on instruction, from the Investigating Officer (I.O.) that no further investigation is pending in this case.

3.

He states that the matter is next listed before the Trial Court on 29.03.2025 for further proceedings. He states that cognizance has already been taken, therefore, prayer clauses 'a' and 'b' stands satisfied. 4.

In response, learned counsel for the Petitioner states that she would, however, like to press prayer clause 'c' since the incident of death in question is of the year 2010; the FIR is of the year 2015 and the matter is still at a nascent stage and charges have also not been framed. 5.

Learned ASC states that they do not oppose the said prayer of the Petitioner and will cooperate in the expeditious trial. 6.

Keeping in view the aforesaid facts, in the opinion of this Court the Petitioner has made out a case for seeking a direction of expeditious disposal. 7.

In view of the above, learned Trial Court is directed to expedite the trial of this matter and hear the matter on regular dates as permissible in its calendar.

8.

The statement of the ASC that they will not seek any unnecessary adjournment before the Trial Court is taken on record. 9.

The Trial Court is requested to not grant any unnecessary adjournment to the parties.

W.P.(CRL) 1421/2024 Page 2 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

10.

With the aforesaid directions, the petition is disposed of. 11.

Pending applications (if any) are disposed of as infructuous. 12.

website of the Delhi High Court, www.delhihighcourt.nic.in, shall be treated as a certified copy of the order for the purpose of ensuring compliance. No physical copy of order shall be insisted by any authority/entity or litigant. MANMEET PRITAM SINGH ARORA, J FEBRUARY 18, 2025/MR/ms Click here to check corrigendum, if any W.P.(CRL) 1421/2024 Page 3 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.