Om Gupta v. State & ORS.

$~86 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2843/2018 OM GUPTA ..... Petitioner Through: Mr. Snil Soni with Mr. GAurav Chowdhary, Mr. Manoj Gupta, Mr. Praney Jain, Advs.

Versus

STATE & ORS.

..... Respondent Through: Ms. Nandita Rao, ASC with SI Jitender Singh, EOW, Sector-IV.

Mr. Anupam S. Sharrma, SPP for CBI with Mr.

Prakash Airan, Adv. for R-6/CBI.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 19.09.2018 Crl. M.A. 32495/2018 (Exemption) Exemption allowed, subject to all just exceptions. The application stands disposed off.

W.P.(CRL) 2843/2018 This petition seeks the following reliefs:

A. Call the report of investigation conducted by Respondent No. 6 in RC-2(S)/2007/SCB-II/ND Dated 1406-2007 and RC-3(S)/2007/SCB-II/ND Dated 19-06-2007. B. Call the status report from Respondent No. 1 in case FIR No. 420/95, PS Chitranjan Park, u/s 406/420/120B/34 IPC and case FIR No. 468/95, P.S. Kalkaji, u/s 406/420/120-B/34 IPC.

C. Direct Respondent No. 6 to investigate / further investigate case FIR No. 420/95, PS Chitranjan Park, u/s 406/420/120-B/34 IPC and case FIR No. 468/95, P.S. Kalkaji, u/s 406/420/120-B/34 IPC as Respondent No. l is unable to investigate the cases.

D. Pass any other order(s) as this Hon'ble Court may deem fit and proper in the interest of justice. With respect to prayer 'B', Ms. Nandita Rao, the learned counsel for the State submits, upon instructions, that the State is contemplating filing of a revision petition against the acquittal of the accused in case bearing FIR No. 420/1995 registered at Police Station Chitranjan Park. Hence no orders would be necessary in this regard.

With respect to prayer 'C', the Court is informed that since proceedings in case bearing FIR No. 468/1995, registered at Police Station Chitranjan Park are still underway, no order is necessary with respect to this relief as well.

Apropos prayer 'A', the petitioner is aggrieved by what he perceives as inadequate investigations in the complaint filed by him before the Delhi Police.

Mr. Anil Soni, the learned counsel for the petitioner submits that when the case was transferred to the CBI, some investigations were carried out, which evidently, according to information received by him, is contrary to the investigations presently being carried out by the Delhi Police. He submits that the said data/information/pending investigations conducted by the CBI be also looked into by the Delhi Police. Ms. Rao submits that the Delhi Police will request the CBI for the aforesaid preliminary report/investigation conducted by the CBI and the

same would be duly taken into account by the Delhi Police. Let the same be done.

The learned counsel for the petitioner further submits that they have moved an application before the Trial Court concerned for seeking a Report from the Police in the case bearing FIR No 468/1995, P.S. Kalkaji which is pending since 28.10.2017 and states that he will request the Trial Court for expeditious disposal of the same.

In view of the above, no further orders are required at this stage. The petition is disposed off in the above terms. The petitioner would be at liberty to approach the Court in case of any grievance.

A copy of this order be given dasti to the learned counsel for the parties under the signature of the Court Master. NAJMI WAZIRI, J.

SEPTEMBER 19, 2018/acm