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High Court of DelhiW.P.(CRL)/930/2018

Shivendra Pratap Singh v. Commissioner Of Police & ORS

2018-10-30Hon'Ble Mr. Justice Najmi Waziri2 pages

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 930/2018 SHIVENDRA PRATAP SINGH ..... Petitioner Through:

None.

versus COMMISSIONER OF POLICE & ORS ..... Respondents Through:

Mr. Avi Singh, ASC for State along with Ms. Purnima with Insp. Anil Yadav, DIU/Outer Distt.

Mr. P.D. Gupta, Sr. Advocate with Mr. Atul Gupta, Advocate for R-3.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 30.10.2018 It is 14.48 hours. None appears for the petitioner. Additionally, there is a non-compliance of the order dated 03.08.2018. On the previous date i.e. on 23.08.2018, an adjournment was sought on behalf of the petitioner. The petition is dismissed in default and for non-prosecution. However at this stage, Mr. P.D. Gupta, the learned Senior Counsel for the complainant/R-3 submits that there is no occasion of quashing of the FIR, especially, in view of this Court having dismissed the petitioner's anticipatory bail after noticing that he had endeavoured to mislead the Court. The petitioner had enjoyed bail for some time, on the condition that he produced appropriate security documents in terms of the bail conditions. The documents produced by him have thus far been found to be forged.

Therefore, the Court has directed registration of an FIR against the petitioner. The FIR has indeed been lodged against him. The petitioner approached the Supreme Court against the order of this Court dated 10.08.2018. The SLP was dismissed on 03.10.2018 while noting as under:- "Considering the nature of fraud that has been committed, we are not inclined to interfere.

The Special Leave Petitions are, accordingly, dismissed. Pending applications, if any, stand disposed of." Mr. Gupta further submits that despite FIR being lodged on the directions of this Court about a month ago, no action has been taken by the police. Additionally, the FIR registered on a complaint of respondent no. 3 has also not been looked into substantively. However, Mr. Avi Singh, the learned Additional Standing Counsel for the State submits that after dismissal of the anticipatory bail application, the police have acted in the matter.

Looking into the nature of the case, it is expected that the DCP concerned shall look into the matter and appropriate action be taken within two weeks from today.

No further orders are required at this stage. NAJMI WAZIRI, J OCTOBER 30, 2018 RW