Shri Ashok Kumar Raizada v. State & ANR.

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3968/2019 SHRI ASHOK KUMAR RAIZADA .....Petitioner Through:

Mr. S.C. Singhal, Advocate versus STATE & ANR.

.....Respondents Through:

Mr. M.S.Oberoi, Additional Public Prosecutor for respondent-State with SI Sachin Yadav

CORAM:

HON'BLE MR. JUSTICE SUNIL GAUR

O R D E R

% 13.08.2019 CRL.M.A. 33359/2019 (Exemption) Allowed subject to all just exceptions.

CRL.M.C. 3968/2019 By way of this petition, expeditious trial in FIR No. 88/2009, under Sections 420/468/471 of IPC, registered at police station Vikaspuri, New Delhi is sought.

Notice of this petition to second respondent is dispensed with, as the prayer sought in this petition is innocuous. Learned counsel for petitioner submits that petitioner is the complainant of the FIR in question, which was lodged in March, 2009 and charge-sheet was filed in the year 2010 and thereafter, petitioner had filed application under Section 173 (8) of Cr.P.C. for further investigation. It is pointed out that trial court vide order of 3rd August, CRL.M.C. 3968/2019

2011 (Annexure P-7) had directed that further investigation be completed within a period of three months.

The grievance of petitioner is that further investigation has not been completed till date. Learned counsel for petitioner draws the attention of this Court to the trial court's order-sheets (Annexure P-9 colly) to seek a direction to trial court to conclude the proceedings in this FIR case within a fixed period.

Learned Additional Public Prosecutor points out that in pursuance to trial court's order of 3rd August, 2011 (Annexure P-7) supplementary charge-sheet has been filed in 2012.

At this stage, learned counsel for petitioner submits that the direction issued vide trial court's order of 3rd August, 2011 (Annexure P7) have not been complied with. Upon hearing and on perusal of the trial court's order of 3rd August, 2011 (Annexure P-7) and the trial court's order-sheets (Annexure P-9), I find that the proceedings in this FIR case have been lingering on one pretext or the other. In the facts and circumstances of this case, the trial court is directed to ensure that the compliance of order of 3rd August, 2011 is made within a period of three months and thereafter, the proceedings be concluded expeditiously in accordance with law. With the aforesaid directions, this petition is disposed of. Dasti.

(SUNIL GAUR) JUDGE AUGUST 13, 2019 v CRL.M.C. 3968/2019