Mamta Yadav v. Station House Officer (P.S Sagarpur)

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAMTA YADAV .....Petitioner Through:

Mr.

Dinesh Chander Yadav, Advocate (Through VC) versus STATION HOUSE OFFICER (P.S SAGARPUR) .....Respondent Through:

Mr. Yasir Rauf Ansari, ASC for State with SI Chetan Rana, PS: Sagarpur

CORAM:

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 03.02.2025 1.

This petition has been filed seeking the following reliefs: - "a. Issue a writ a mandamus and/or writ of certiorari or any other appropriate writ in the nature thereof directing the respondent to make necessary entries in the concerned register maintained for the purpose of cases under trial/pending in respect of FIR bearing No. 502/2015 dated 30.06.2015, P.S Sagarpur under Section 3 of the Delhi Prevention of Defacement of Property Act (DPDP Act) which is already disposed-off in 2015 in which during the pleabargaining application, the Hon'ble Court imposed a fine of Rs.500 and the petitioner deposited the same in the court and the receipt of the same was kept with the I.O. for the purpose of placing it on record in the police station for disposal of the case, in order to enable the petitioner to get her passport for which the petitioner has already applied.

b. To call for the complete records of the case i.e. in respect of FIR bearing No. 502/2015 dated 30.06.2015, P.S. Sagarpur under Section 3 of the Delhi Prevention of Defacement of Property Act (DPDP Act) which has already been disposed-off." 2.

Learned counsel for the Petitioner states that Petitioner had applied The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

for a passport; however, as per the status downloaded from the passport seva portal of the Ministry of External Affairs, its recorded that the police verification report is not clear.

3.

He states that on an oral enquiry, he was informed that the police verification report sent by Police Station ('PS') Sagarpur recorded that there is a FIR No. 502/2015 pending against the Petitioner under Section 3 of the Delhi Prevention of Defacement of Property Act, 2007 (DPDP Act). 4.

He states that, however, the said FIR was compounded by the Petitioner. He states that the Petitioner had entered into a plea bargaining and paid the requisite fine and therefore, the said case now stands disposed of.

5.

Ld. ASC has filed the status report, which records as under:- "1. That case FIR No. 502/15 Dt 30.06.2015 U/s 3 DPDP Act was registered in P.S Sagarpur against the petitioner and the chargesheet of the case was filed on 04.08.2015 in the Trial Court. Further, during the course of trial the petitioner filed an application of plea bargaining and thereupon she was fined with Rupees 500/- and was therefore held convicted in the present case by the Hon'ble Court of Ms Amrita Tonk, Plea Bargaining Judge, Patiala House Court and the case was disposed off. Further, as per the record of the police station no copy of the said order was received at the police station to update the status of the present case in the record book and therefore, the status of the case was still pending.

2. That now the status of the case was got verified from the trial Court and the Judgement dated 26.09.2015 was obtained as per which the petitioner has been convicted in the case and the case is disposed off. Subsequently, the status of the case has been updated in the record book of the police station. Copy of Judgement annexed alongwith the Status Report."

(Emphasis supplied) 6.

Learned ASC states that at the relevant time when the police verification report was sent to the passport office, the disposal of FIR No. 502/2015 was not available in the record book of the police station. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

7.

He states that the record book has since been updated and there is no other police case pending against the present Petitioner, in P.S. Sagarpur. 8.

Learned counsel for the Petitioner states that in view of the aforesaid status report and statement of the learned ASC, Petitioner does not seek any further relief in the present proceedings. He states that a copy of the status report has been provided to the Petitioner.

9.

Learned ASC is directed to ensure that the status report is brought on record.

10.

The statement of the learned ASC that no other police case pending against the present Petitioner, in P.S. Sagarpur is taken on record. 11.

The present petition is accordingly disposed of. Pending applications, if any, stand disposed of.

12.

website of the Delhi High Court, www.delhihighcourt.nic.in, shall be treated as a certified copy of the order for the purpose of ensuring compliance. No physical copy of order shall be insisted by any authority/entity or litigant. MANMEET PRITAM SINGH ARORA, J FEBRUARY 3, 2025/rhc/AKT The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.