State Govt Of NCT Of Delhi v. Poonam & ORS

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: February 15, 2019 + CRL.M.C. 1878/2017 STATE GOVT OF NCT OF DELHI .....Petitioner Through:

Ms. Neelam Sharma, Additional Pubic Prosecutor for State

Versus

POONAM & ORS .....Respondents Through:

Respondents in person.

CORAM:

HON'BLE MR. JUSTICE SUNIL GAUR

O R D E R

(ORAL) Trial court vide order of 27th August, 2016 (Annexure P-1) has refused to take cognizance of the charge-sheet filed for the offences under Sections 323/341/506/34 of IPC while holding that the prima-facie case under Sections 323/506 of IPC is made out and both offences are noncognizable. Aforesaid order has been upheld by the Revisional Court vide impugned order of 1st October, 2016.

Learned Additional Public Prosecutor for petitioner-State relies upon decision of a Co-ordinate Bench of this Court in Crl.M.C. 4966/2014 titled as 'Vijay Kumar Wadhawan Vs. State Govt. of NCT of Delhi & Anr., 2015 SCC Online DEL 12454 to submit that for noncognizable offences, a complaint by a private person is maintainable. Upon hearing, I find that there is no dispute with aforesaid proposition. Petitioner may apprise to the complainant about it, who may file a private complaint against respondent if she so chooses. CRL. M.C.1878/2017

With aforesaid observations, this petition is accordingly disposed of.

Dasti.

(SUNIL GAUR) JUDGE FEBRUARY 15, 2019 p'ma CRL. M.C.1878/2017