U v. Commissioner Of Police & ANR

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 426/2018 'U'

..... Petitioner Represented by:

Mr.Pradeep Kumar Kaushik and Dr.Sunil Kumar, Advocates

Versus

COMMISSIONER OF POLICE & ANR ..... Respondents Represented by:

Mr.Sanjay Lao, ASC with SI Aditi, PS Mukherjee Nagar Mr.Abhay Singh and Mr.A.Husain, Advocates for R-2

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 25.04.2018 1.

Name of the petitioner from the cause list be deleted and the cause title be shown as 'U' Vs. Commissioner of Police & Anr. 2.

By this petition, the petitioner seeks direction to the respondent No.1 to depute a Senior Officer to supervise the investigation and to investigate the FIR No.73/2018 with all fairness.

3.

On a notice being issued, a status report has been filed. 4.

Case of the petitioner is that she had met Anuj through a friend and thereafter they came in contact with each other over phone in June, 2015 and started meeting. They became closer and shared each other's secrets. Since the petitioner had already been cheated by a boy and a case in this regard was already pending in the Court, she could not trust anybody more, however the accused assured her that he was different and would not leave W.P.(CRL) 426/2018

her. The accused also expressed his love for her and finally she gave her consent to physical relations on the pretext of marriage. In June, 2017 and September, 2017, two of them had physical relations. On 6th January, 2018, the complainant came to know that accused was getting married to some other girl. When she confronted the accused, he started ignoring her and threatened and abused her.

5.

A complaint on the above noted allegations was given by the petitioner at PS Mukherjee Nagar on 1st February, 2018 and on the same day FIR No.73/2018 under Sections 376/506 IPC was registered at PS Mukherjee Nagar. Medical examination of the petitioner was also conducted. Her statement was recorded under Section 164 Cr.P.C. on 2nd February, 2018. In the meantime, the accused moved an application for anticipatory bail before the learned Additional Sessions Judge which was granted and thus on 8th March, 2018, he was arrested and released on bail. The accused has already joined the investigation and his mobile phone has since been seized. As per the status report, the mobile phone is yet to be sent to FSL for expert opinion. The petitioner has also been asked to provide the mobile phone which reply is awaited from the petitioner. Notice in this regard was issued to the complainant on 10th March, 2018. 6.

From the status report, it is evident that the non-cooperation, if any, is on the part of the petitioner, thus, no orders are required to be passed in the petition. Petition is dismissed.

MUKTA GUPTA, J.

APRIL 25, 2018/mamta W.P.(CRL) 426/2018