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High Court of DelhiCRL.M.C./7759/2023

Jatinder Mehta & ANR. v. State Of NCT Of Delhi & ORS.

2024-01-24Hon'Ble Mr. Justice Manoj Kumar Ohri2 pages

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7759/2023, CRL.M.A. 28905/2023 JATINDER MEHTA & ANR.

..... Petitioners Through:

Mr.

Gurvinder Singh Khalsa, Advocate.

versus STATE OF NCT OF DELHI & ORS.

..... Respondents Through:

Mr. Nawal Kishore Jha, APP for State

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 24.01.2024 1.

By way of present petition filed under Section 482 Cr.P.C., the petitioners seek to assail the order dated 05.06.2023 passed by learned M.M.-09, South East District, Saket Court, New Delhi in Complaint Case No. 1476/2017.

2.

Briefly, the complainant had preferred an application under Section 156(3) Cr.P.C. against the present petitioners. Apparently, during the proceedings, the Investigating Officer had recorded statements of complainant, Deepak Goswami/accused as well as collected the original vaccination certificate of the dog who allegedly attacked the complainant and her daughter. Further, proceedings dated 21.03.2017 and 01.04.2017 reveal that the original documents were not available and NCR was placed on record in this regard. It is the case of the State that the original copies of the documents were misplaced. In the impugned order, it has been noted that the concerned Court had issued notice to Ahlmad who stated that documents The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/06/2024 at 11:50:14

were traced and placed on record.

3.

Learned counsel for the petitioners states that the aforesaid findings are incorrect as only copies of the documents have been placed since original were not traceable.

4.

Impugned order further records that from a reading of the order dated 01.04.2017 it was not clear as to whether it were photocopies or the originals which were placed on record. Learned Court has recorded satisfaction on the above aspect.

5.

Considering that the photocopies are available on record, I find no ground to interference in the impugned order consequently, petition is dismissed. However, cost of Rs.500/-, as imposed vide the impinged order, is set aside. Miscellaneous application is disposed of as infructuous. MANOJ KUMAR OHRI, J JANUARY 24, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/06/2024 at 11:50:14