High Court of DelhiCRL.M.C./4353/2017

Ajai Vatan v. U K Sinha & ORS

2017-11-27Hon'Ble Ms. Justice Anu Malhotra2 pages

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4353/2017 AJAI VATAN ..... Petitioner Through:

Petitioner in person.

versus U K SINHA & ORS ..... Respondent Through:

Mr. Izhar Ahmad, APP for State

CORAM:

HON'BLE MS. JUSTICE ANU MALHOTRA

O R D E R

% 27.11.2017 Vide the present petition, petitioner submits that he has been receiving threatening calls from the B.M.A Commodities Private Limited who are using a fraudulent email ID of the petitioner and that he has been receiving threatening calls repeatedly asking him to deal in share dealing. In reply to a specific court query, it is stated by the petitioner that threatening calls have been received by him till 11.11.2017. The petitioner vide the present petition seeks directions to the learned M.M. concerned to the effect that CC no. 44/1/15 under Sections 420/465/467/468/471/506/34 of IPC, 1860 to the effect be disposed of within a stipulated time period, taking into account the factum that the petitioner is a senior citizen. The TCR received indicates that vide directions dated 19.04.2016 of the Metropolitan Magistrate, Saket Court, New Delhi the said complaint had been consigned to the Record Room with the directions to the SHO concerned to investigate the matter and to file the final report on conclusion

of investigation as the SHO submitted that a non-cognizable offence under Section 507 of IPC, 1860 was made out which is indicated to not have been filed till 29.08.2016 when the matter was taken up by the learned Trial Court on the application of the complainant and thereafter on 05.11.2017, 06.01.2017 and 18.03.2017 and thereafter the matter is now fixed for 16.12.2017.

Thus, in view of the factum that presently the status report has not been submitted by the Investigation Agency in terms of order dated 19.04.2016, there are no directions being issued to the Magistrate concerned to expeditiously dispose of the matter. It is however, considered appropriate to issue notice on the prayer made by the petitioner to the State, though the State is not arrayed as a party. The amended memo of parties be filed by the petitioner.

Learned APP Mr. Izhar Ahmad accepts notice and the status report is directed to be submitted by the Investigation Agency on the date 16.12.2017 before the M.M. concerned No further action is thus called for presently. The petition is disposed of.

A copy of the order be given dasti under the signatures of the court master.

ANU MALHOTRA, J NOVEMBER 27, 2017 vm