Shalini Singh v. The State & ORS.

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1509/2020 SHALINI SINGH .....Petitioner Through:

Counsel for Petitioner (appearance not given).

versus THE STATE & ORS.

.....Respondents Through:

Mr. Sanjeev Bhandari, ASC for the State with SI Lavkant PS Pandav Nagar.

Mr. Rajesh Kumar, SPC with Mohd.

Changez Ali Khan, Ms. Mishika Pandita, Mr. Rahul Kumar Sharma and Mr. Yash Narain, Advocates for CBI & UOI.

Mr. Nikhil Jain for United Insurance Company Ltd.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 10.01.2025 CRL.M.A. 535/2025 (For Restoration) 1.

The Application under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'B.N.S.S'.) has been filed on behalf of the Petitioner/Complainant, for restoration of the main Petition, which had been withdrawn by the Complainant vide Order dated 01.05.2024. 2.

It is submitted in the Application that the Investigating Officer had misrepresented on 20.07.2023 before this Court that though, 200 witnesses have been cited, about 60 witnesses have been examined and since other The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

witnesses are residing in various far flung areas, the conclusion of the investigation is taking some time. It was further stated that the investigation process would be completed within three months and Charge-Sheet would be filed.

3.

The Court vide the said Order granted three months' time for the conclusion of investigations, considering that this FIR was of the year 2020; further directions were given to complete the investigations expeditiously. Since then, the Closure Report has been filed in the present FIR, before the learned Chief Metropolitan Magistrate on 13.04.2024. A Protest Petition has also been filed on 19.04.2024, in the said matter. 4.

Learned counsel on behalf of the Petitioner submits that though, in the Writ Petition, there were 9 Reliefs, which were sought by the Complainant but the others have all been resolved except Relief No. 3 wherein directions were sought to be given through Respondent No. 2, to register the FIR against the accused persons, under Section 13(1) of the Prevention of Corruption Act, 1988 read with Section 409 and 120B of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') or to transfer the FIR No. 0027/2020 filed at Police Station Pandav Nagar, Delhi-110091, under Respondent No. 3 to Respondent No. 2.

5.

Learned ASC appearing on behalf of the State, submits that all the allegations and the averments being made herein, have already taken by the Petitioner, in his Protest Petition. Moreover, the question of transferring of the investigations, may be addressed before the learned Trial Court as the Closure Report has already been filed. There is no merit in the present Application, which is liable to be dismissed. 6.

Submissions heard and record perused.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

7.

The first grievance of the Petitioner, is that while it had been stated that 60 witnesses have been examined but in the Closure Report, it is indicated that there are 19 witnesses, who have been examined. Therefore, Perjury has been committed by the Investigating Officer. 8.

It has been clarified that 19 witnesses recorded, are the customers while in all about 60 witnesses have been recorded, during the investigation. Prima facie, no Perjury per se can be stated to have been committed by the Investigating Officer.

9.

The second main grievance is that the FIR No. 0027/2020, should be transferred to the CBI but since the Closure Report has already been filed, all the grievances may now be agitated before the appropriate Forum. 10.

There is no ground for revival of the present Writ Petition, which is hereby dismissed.

11.

The Application is disposed of accordingly.

NEENA BANSAL KRISHNA, J JANUARY 10, 2025/RS The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.