Manoj Kumar Bhan v. Vijay Kumar Bhan & ORS

$~43 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.REV.P. 648/2015 MANOJ KUMAR BHAN ..... Petitioner Through:

Dr.(Major) J.C.Vashista and Ms.Rekha Tiwari, Advs.

versus VIJAY KUMAR BHAN & ORS ..... Respondents Through:

Mr.Amit Chadha, APP.

CORAM:

HON'BLE MR. JUSTICE P.S.TEJI

O R D E R

% 10.05.2016 Crl.M.A.No.15071/2015 (Condonation of Delay) This is an application seeking condonation of delay of 2 days in filing the instant petition.

For the reasons stated in the application, the application is allowed and the delay is condoned.

Crl.Revision Petition No.648/2015 The present revision petition has been filed by the petitioner for setting aside the order dated 07.07.2015 vide which the report submitted by the police in pursuance to the order passed under

Section 156 (3) Cr.P.C. by the learned MM, declaring one Mr.Jai Bhagwan as untraced, was accepted by the learned MM and while accepting the same, the file was sent to the record room. During the course of arguments, the learned counsel for the petitioner has submitted that although the report of the police treating the case as untraced has been accepted by the learned MM, but no further order was passed on the criminal complaint filed under Section 200 Cr.P.C. by the learned MM.

The learned counsel for the petitioner has further submitted that the grievance of the petitioner will be satisfied if the Trial Court is directed to pass the order in the complaint case. Consequently, the present petition is disposed of with a direction to the learned MM to pass an order on the criminal complaint in accordance with law.

The Trial Court Record be sent back with a copy of the order with a direction to the Trial Court to proceed with the criminal complaint and pass appropriate orders.

P.S.TEJI, J MAY 10, 2016/dm