Rajneesh Kumar Sharma v. The State Govt Of NCT Of Delhi

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 468/2018 & CRL.M.A. 5224/2018 RAJNEESH KUMAR SHARMA ..... Petitioner Through Mr.

Sharad Bansal, Mr.

Karan Nagpal, Advs.

versus THE STATE GOVT OF NCT OF DELHI ..... Respondent Through Mr. Ashish Dutta, APP for State with Mr. Sat Pal Sharma, Adv. for the complainant.

CORAM:

HON'BLE MS. JUSTICE ANU MALHOTRA

O R D E R

% 23.03.2018 CRL.M.A. 5224/2018 The status report has been submitted on behalf of the State. The status report on record as was submitted on 20.03.2018 qua CRL.M.A. 5224/2018 an application filed by the applicant seeking permission to the Investigation Officer to produce the CDR details in FIR No. 673/17 PS Burari states inter alia to the effect that the applicant is apparently implicated in the instant case and that the said CDR details is for the period from 01.09.2017 to 30.01.2018 of the persons detailed as under : - S. No.

Names Mobile No.

a) S.I. Sandeep Dalal (I.O. in FIR No. 988/2015) 8826437470 b) Pinki (Complainant in FIR No. 988/2015) 9990313829

c) Ravi Sharma (Brother of Pinki) 9953080750 d) Pankaj Parasar (Brother of Pinki) 9871879232 e) Mahinder Parasar (Father of Pinki) 9818804503 f) Rita Devi (Prosecutrix in FIR No. 673/2017) 9717681936 g) Rajneesh Kumar Sharma (Applicant / Petitioner) 9456690228 h) Sh. Parmod Kumar Sharma (Co-Accused in FIR No. 673/2017) 9868379977 it having been submitted on behalf of the applicant that the said CDR details bring forth the innocence of applicant in the matter in as much as he has been framed in the same without any guilt or offence on his part and only at the behest of his sister-in-law and that the said detailed CDR would bring forth the false allegations in FIR No. 988/15 PS Burari and in FIR No. 673/17 PS Burari.

On behalf of the State, the copy of the proceedings dated 19.03.2018 of the learned MM-09/Central/THC declining the prayer has been put on record.

As regards the allegations that have been made in the application against the Investigation Officer SI Sandeep Dalal in FIR No. 988/15 PS Burari, a report of the Station House Officer, PS Burari stated to be Inspector Manoj Kumar Singh is to the effect that an independent inquiry is being carried out by the vigilance branch of North District and if the

allegations were proved, action will be taken accordingly. In the interest of justice, it is considered appropriate that the CDR details as prayed by the applicant vide the CRL.M.A. 5224/2018 qua calls of (a) to (h) of persons at serial no. (a) to (h) in para 9 of the application filed by the applicant be obtained by the Investigation Agency within 10 days and be placed before the learned Trial Court.

The application is disposed of accordingly.

Learned counsel for the petitioner submits that he presently seeks to withdraw the bail application BAIL APPLN. 468/2018, which is thus dismissed as withdrawn.

Copy of the order be given Dasti, as prayed.

ANU MALHOTRA, J MARCH 23, 2018/MK