Shweta R. Shrivastava v. The State Of NCT Of Delhi

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2647/2024, CRL.M.A. 25986/2024 (stay) SHWETA R. SHRIVASTAVA .....Petitioner Through:

Mr. Amit Grover, Mr. Harshvardhan Sharma, Mr.

Kuna, Mr.

Prakhar Sharma and Mr.

Arijit Narula, Advocates.

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

Mr. Sanjeev Bhandari, ASC (Crl.) for the State with Ms. Charu Sharma, Mr.

Arijit Sharma, Mr. Vaibhav Vats and Mr. Nikunj Bindal, Advocates with Inspector Uday Singh, P.S. Special Cell.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 06.09.2024 1.

The Criminal Writ Petition under Article 226 of the Constitution of India read with Section 482 of CrPC has been filed on behalf of the petitioner for quashing of the Complaint/NCR No. 002/24 under Section 499/500/120B of IPC, 1860 registered at Police Station Special Cell, Sector-16, Dwarka, New Delhi and all the proceedings emanating therefrom. 2.

Status Report has already been filed on behalf of the State. 3.

Learned counsel appearing on behalf of the respondent submits that there was this complaint/NCR, which had been filed in the Police Station and vide Order dated 17.02.2024, the learned Metropolitan Magistrate has granted permission under Section 155(2) CrPC for carrying on the 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 17/09/2024 at 12:08:33

investigations. Consequently, the investigations have been undertaken. However, the petitioner had not been joining investigations. By the Order of this Court dated 30.08.2024, the petitioner had been directed to join the investigations, through video-conferencing. Presently, the Investigating Officer is out of station and now the investigations shall be carried out, in accordance with law.

4.

Learned counsel for the petitioner has also submitted that this is a Complaint under Section 499/500/120B of IPC, which can be made either by the individual, who is aggrieved or by the Department but neither the Department has made any Complaint nor has the person allegedly defamed, has approached the Police. Learned counsel for the respondent, however, states in the Status Report that the Complaint has also been received by the NCB, including the Senior Officers. Without prejudice to the rights and contentions, it is submitted that the Petition may be disposed of at this stage with the liberty to the petitioner, to join through video-conferencing along with the Counsel to which, learned counsel for the respondent has no objection.

5.

The petition is hereby disposed of with the directions to the petitioner along with the counsel, to join the investigations through videoconferencing. In case the physical presence is required, an appropriate application be filed before the concerned learned Metropolitan Magistrate, to seek the requisite permission.

6.

With these directions, the Petition is disposed of. The pending application also stands disposed of.

NEENA BANSAL KRISHNA, J SEPTEMBER 6, 2024/RS 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 17/09/2024 at 12:08:33