Manoj Kumar v. State & ANR.

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3878/2018 & Crl. M.A. No.50154/2018 MANOJ KUMAR ..... Petitioner Through:

Dr. Surat Singh, Mr. Ashutosh Mishra and Mr. Gursat Singh Vachher, Advocates.

Versus

STATE & ANR.

..... Respondents Through:

Mr. Jamal Akhtar, Advocate for Mr. Rahul Mehra, Additional Standing Counsel with Inspector Rajiv Shah, SI Ajay and SI Amit, P.S. IP Estate.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 19.12.2018 The FIR against the petitioner has been pending for the last almost eight years. The crucial element that needed to be verified by the Investigating Officer was whether the driving licence issued to the petitioner was fraudulent. This has not been done so far. The petitioner feels aggrieved by the long pendency of investigation in the case i.e. since the last almost eight years.

Mr. Lao, the learned Additional Standing Counsel for the State, submits that in other identical cases, it has been verified that the licences were fake.

Dr. Surat Singh, the learned counsel for the petitioner submits that in the present case, the licence has already been renewed, thereby re-iterating the petitioner's case that the licences were valid and rightly issued. However, what needs to be examined is whether the licences first issued

were legitimate or fraudulent. Subsequent renewal of a fake or fraudulent licence would not lend legitimacy to it.

In the circumstances, the DCP of the area concerned is directed to ensure that the investigation is completed in the next four weeks as well as initiate such action, as he may deem appropriate, apropos the long pendency of the investigation. The petitioner shall be kept informed of the progress in the matter.

At this stage, Dr. Surat Singh, the learned counsel for the petitioner, does not press the petition on merits.

It is disposed-off on the above terms.

Liberty granted.

NAJMI WAZIRI, J.

DECEMBER 19, 2018 sb