High Court of DelhiW.P.(CRL)/1374/2018

Dinesh Kumar Badola & ORS. v. State & ANR.

2019-02-15Hon'Ble Mr. Justice Najmi Waziri2 pages

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1374/2018, Crl. M.As. 8369/2018 and 12650/2018 DINESH KUMAR BADOLA & ORS.

..... Petitioner Through: Counsel for the petitioner.

versus STATE & ANR.

..... Respondent Through: Mr. Avi Singh, ASC with Ms. Purnima, Adv. with Inspector Seema Singh, SHO, CAW Cell, Nanak Pura.

Mr. M.A. Karthik, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 15.02.2019 The petitioner no.1, who is stated to be 75 years of age, is primarily aggrieved by what he calls an unending investigation into a complaint filed by Respondent no. 2. The other petitioners too are senior citizens. The investigation has evidently been carried on for almost two years. P-1 is a resident of Dehradun and complains of being called to Delhi by the IO every now and then. On 16.07.2018, this Court had passed the following order: "The learned counsel for the respondent seeks and is granted four weeks' time to file a response. Rejoinder, if any, be filed before the next date."

Since the petitioners are residing in Dehradun, if they are required to be called for further investigations, the Investigating Officer shall intimate them at least a week in advance. A set of the paper book shall be supplied to the learned counsel for respondent no. 2 in the course of the day."

Mr. Avi Singh, the learned counsel for the State submits that the petitioner was never called for any investigation to Delhi after the aforesaid order; only a notice has been issued to the petitioner under section 91 Cr.P.C, however, investigation is almost complete. He states, upon instructions, that the petitioner is not required for any further investigation. In view of the above, the apprehension of the petitioner cannot subsist. It is expected that the final report/charge-sheet, as may be, shall be filed by the police within two weeks from today. The petition is not pressed any further. It is accordingly disposed off with liberty to the petitioner to approach the Court in case of any difficulty. NAJMI WAZIRI, J FEBRUARY 15, 2019/acm