Om Prakash Vaid v. State Govt Of NCT Of Delhi

$~83 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2477/2024 OM PRAKASH VAID .....Petitioner Through:

Mr. Saurabh B., Mr. Nikhil S. Nair, Ms.

Chinju Saurabh and Mr.

Christopher Panengad, Advocates.

versus STATE GOVT OF NCT OF DELHI .....Respondent Through:

Mr. Amol Sinha, ASC for the State with Mr. Kshitiz Garg, Mr. Ashvini Kumar and Mr. Chavi Lazarus, Advocates with SI Lavkant, P.S.

Pandav Nagar.

CORAM:

HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA

O R D E R

% 14.08.2024 1.

Writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been preferred on behalf of the petitioner with the following prayers:- "(i) Call the records and examine the reasons for the inordinate delay in concluding the investigation and filing of the final report before the trial court by the Respondent and accordingly may fix the liability of the Respondent and determine compensation in favour of the Petitioner by way of imposing cost on the Respondent for the delay of more than 9 years in concluding the investigation.

(ii) Issue an appropriate writ/order thereby directing the Respondent to file the chargesheet and begin trial on urgent basis."

2.

Learned ASC for the State appears on advance notice. 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 20/08/2024 at 13:00:44

3.

Learned counsel for the petitioner submits that despite registration of FIR No. 496/2015 under Sections 420/468/471 IPC registered at P.S. Pandav Nagar on 23.07.2015, no substantive progress in investigation has taken place and the final report is yet to be filed.

4.

Learned ASC for the State, on instructions of I.O., submits that present FIR was registered on complaint lodged by petitioner regarding forging of documents by his younger brother (Mohinder Kumar) in respect of share of property situated at Pratap Nagar, Mayur Vihar. He further submits that signatures of father of the petitioner and accused were forwarded for FSL examination but the same has been received back with the report that the signatures were insufficient for purpose of giving the report on the disputed document. He states that the final report shall be filed in a time bound manner before the concerned Judicial Magistrate, subject to further investigation, if any, which is required to be carried out.

5.

Taking the statement of learned Additional Standing Counsel on record, petition is accordingly disposed of with the directions to the Investigating Agency to file the final report in a time bound manner and not exceeding a period of three months from the date of this order. Pending applications, if any, also stand disposed of. ANOOP KUMAR MENDIRATTA, J AUGUST 14, 2024/kd 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 20/08/2024 at 13:00:44