Chanda Trikha v. State(Gnctd) & ORS

$~88 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3641/2018 & Crl.M.A. No. 28408-409/2018 CHANDA TRIKHA ..... Petitioner Through:

Mr. Saurabh Hansal with Ms. Pallavi Sharma, Advocates with petitioner in person.

versus STATE(GNCTD) & ORS ..... Respondents Through:

Mr. Mukesh Kumar, APP for State with SI Upendra Kumar, P.S. N.A.

Nagar.

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 24.07.2018 The petition at hand is an illustration of complainant trying to give a new twist to the tale thirteen years after she having reported the matter to the police by FIR No.564/2005 alleging offence punishable under Section 509/34 IPC by the private party respondents. A perusal of the FIR would show that the allegations were not specific, not even related to a particular incident. Thirteen years after the said report, while the case is pending trial in the court of Metropolitan Magistrate she, having deposed as a witness for the prosecution, moved an application under Section 311 Cr.P.C. seeking her parents also to be summoned as witnesses "to the incident". In the FIR, there was no specific incident narrated, rather it was a case of general harassment set out. Nowhere in the FIR would she mention any person other than CRL.M.C. 3641/2018 Bail Appl. 460/2018 & conn.

herself to be a witness to the impugned conduct of the private party respondents.

The investigating agency also did not dig out any material showing her parents to be privy to any acts of commission or omission.

In these circumstances, dismissal of her application under Section 311 Cr.P.C. by the Metropolitan Magistrate by order dated 04.06.2018 is based on sound reasoning.

The petition and the accompanying applications are dismissed. R.K.GAUBA, J JULY 24, 2018 srb CRL.M.C. 3641/2018 Bail Appl. 460/2018 & conn.