Kiran Chauhan v. The State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1767/2019 and CRL.M.A. 12703/2019 KIRAN CHAUHAN ..... Petitioner Through:

Mr Raj Kumar Chandiwal, Advocate.

versus THE STATE & ANR ..... Respondents Through:

Mr Ranbir Singh Kundu, ASC for State with Shivam Saharan, Mr Shreshtha Bharti and Mr Hitesh Vali, Advocates.

SI Subhash Chandra, PS S.P. Badli.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 30.10.2019 1.

The petitioner has filed the present petition impugning an order dated 22.05.2019 passed by the learned MM in Complaint Case No. 690/2019 titled "Kiran Chauhan v. Meera and Anr.".

2.

The status report indicates that the petitioner had filed a complaint with P.S. Samaypur Badli alleging that a woman (hereafter referred to as "Ms. J") had been sold by two persons (the accused). Inquiries were made in respect of the said complaint and Ms. J had recorded her statement repelling the complaint made by the petitioner. She had, however, levelled allegations against the petitioner. She had alleged that the petitioner had tried to push her into prostitution but she had escaped. She also alleged that the petitioner indulged in selling minor girls for prostitution. 3.

In view of the statement of Ms J, the police authorities did not take any further action on the complaint filed by the petitioner. This led the

petitioner to file an application under Section 156(3) of the Cr.P.C. (Complaint Case no. 690/2019) before learned MM seeking directions that a FIR be registered under Sections 370/368/506/509/120B/34 of the IPC against the two accused. The statement made by Ms. J was produced before the Court and after examining the same, the learned MM was of the view that the said statements disclosed that the petitioner had committed certain offences and, therefore, directed that a FIR be registered with regard to the allegations made by Ms. J. 4.

Mr Kundu, learned ASC appearing for the State states that the FIR was registered and the investigations were conducted and a chargesheet would be filed within a period of two weeks from today. 5.

In view of the above, this Court finds no infirmity with the directions passed by the learned MM. Undeniably, the statement made by Ms. J do contain allegations of commission of offences by the petitioner. 6.

This Court is not called upon to examine the merits of the allegations or whether the same are substantiated. The same are required to be investigated by the police. The concerned IO shall do so and file an appropriate report before the concerned Court. All rights of the petitioner in regard to the same are reserved.

7.

The petition is unmerited and is, accordingly, dismissed. The pending application is also disposed of.

VIBHU BAKHRU, J OCTOBER 30, 2019/ RK