Deepak Sharma v. Union Of India And ORS

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3172/2023 & CRL.M.A. 34825/2023 DEEPAK SHARMA ..... Petitioner Through:

Mr. Ajay Kumar, Mr. Shubham and Mr. Shashikant Gautam, Advocates along with petitoner.

versus THE DCP AND ORS.

..... Respondents Through:

Mr. Rahul Tyagi, ASC for the State with Inspector Arun Kumar, P.S.

Laxmi Nagar.

Mr. Sanjeev Sagar, Standing Counsel for R-10 with Ms. Nazia Parveen, Advocate

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 15.02.2024 CRL.M.A. 34826/2023 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.A. 34825 (for early hearing) 3.

The instant application under Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been filed on behalf of petitioner seeking early hearing of the present petition.

4.

For the reasons mentioned in the application, the same stands allowed. 5.

Application stands disposed of.

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 28/02/2024 at 11:35:54

W.P.(CRL) 3172/2023 6.

The present writ petition under Article 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been filed on behalf of the petitioner for seeking transfer of investigation and action against the evidence tampering/destruction done by the accused in FIR bearing no. 49/2023 filed under Sections 406/ 420/ 34 I.P.C., at P.S. Laxmi Nagar, East Delhi. 7.

The petitioner who appears in person states that the Investigating Officer in the present case may carry on with the investigation. It is pointed out that vide order dated 09.02.2024 the learned Trial Court has issued notice to the SHO concerned to appear in person and since the investigation is being supervised by the learned Trial Court no other orders are called for. 8.

In view thereof, the present petition stands disposed of with the observations that the petitioner does not press for transfer of the investigation to any other investigating agency. 9.

The next date of hearing fixed before this Court i.e. 06.03.2024 stands cancelled.

10.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J FEBRUARY 15, 2024/zp Click here to check corrigendum, if any 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 28/02/2024 at 11:35:54