Delhi District Court
Yogeshwari @ Versha vs Latit S/O Sh. Munna Lal on 9 August, 2018
IN THE COURT OF SH. VIRENDER KUMAR GOYAL LD. ASJ04, WEST
DISTRICT, TIS HAZARI, DELHI
Criminal Revision No.138/18
1. Yogeshwari @ Versha
D/o Sh. Shankar Lal
2. Mausam
W/o Sh. Shankar Lal
Both R/o D751, J.J. Colony, Camp No.2.
Nangloi, Delhi110041 ..... Petitioner
Versus
1. Latit S/o Sh. Munna Lal
R/o D379, Camp No.2,
Nangloi, Delhi41.
Also at 17/272, S.F. New Moti Nagar,
New Delhi15.
2. Rekha D/o Sh. Munna Lal
R/o D379, Camp No.2,
Nangloi, Delhi41.
3. Krishan Kumar Vohra S/o Late Munna Lal
4. Uma D/o Sh. Munna Lal
Both R/o 17/272, S.F. New Moti Nagar,
New Delhi15.
5. Neelam D/o Sh. Munna Lal
R/o Jhuggi JP Camp, C. Block
Sec.20, Rohini, Delhi86.
6. Tulsi D/o Sh. Munna Lal
7. Yashoda D/o Sh. Munna Lal
8. Krishna D/o Sh. Munna Lal
9. Sushila D/o Sh. Munna Lal
10. Sita D/o Sh. Munna Lal
Respondent No.6 to 10 are R/o & C/o Sh. Lalit
CR No. 13818
Yogeshwari @ Versha & Anr. Vs. Lalit, ect. Page No.1/4
R/o D379, Camp No.2, Nangloi, Delhi41.
..... Respondent
Date of filing of revision : 25.04.2018
Date of arguments : 01.08.2018
Date of order : 09.08.2018
ORDER
1. The present revision petition has been filed U/Sec.397 Cr.P.C challenging the order dated 20.02.2018 of Ld. Trial Court.
2. In brief, the complaint was filed U/Sec.363/376/328 IPC and Sec.6 POCSO Act. The said was taken up and status report was filed.
Heard. It was observed by Ld. MM03, West THC vide order dated 20.02.2018 that initially FIR got registered U/Sec.363 IPC but later on, Section367 and Section 4 of POCSO Act have been added, so, there is specific designated Court for trial of such offences. Hence, the application is dismissed. Consigned to Record Room.
3. The impugned order has been challenged on various grounds.
4. I have heard Ld. Counsels for revisionist and respondent alongwith Addl. P.P. and gone through the TCR.
5. ChapterXV and XVI of Cr.P.C. deals with the complaint case. The relevant section in this case in Section 210 Cr.P.C. which is as under: CR No. 13818 Yogeshwari @ Versha & Anr. Vs. Lalit, ect. Page No.2/4 Sec.210 Cr.P.C. Procedure to be followed when there is complaint case and police investigation in respect of the same offence.
(1)"When in a case instituted otherwise than on a police report (hereinafter referred to as a complaint case), it is made to appear to the Magistrate, during the course of the inquiry or trial held by him, that an investigation by the police is in progress in relation to the offence which is the subjectmatter of the inquiry or trial held by him, the Magistrate shall stay the proceedings of such inquiry or trial and call for a report on the matter from the police officer conducting the investigation." (2)"If a report is made by the investigation police officer under Section173 and on such report cognizance of any offence is taken by the Magistrate against any person who is an accused in the complaint case, the Magistrate shall inquire into or try together the complaint case and the case arising out of the police report as if both the cases were instituted on a police report."
(3)"If the police report does not relate to any accused in the complaint case or if the Magistrate does not take cognizance of CR No. 13818 Yogeshwari @ Versha & Anr. Vs. Lalit, ect. Page No.0/4 any offence on the police report, he shall proceed with the inquiry or trial, which was stayed by him in accordance with the provisions of this code."
7. In view of above, the dismissal of the complaint by Ld. MM is illegal and improper. Ld. MM was required to follow the procedure of Sec.210 Cr.P.C. and the complaint could not be dismissed without following above procedure and other relevant procedure. Accordingly, the impugned order dated 20.02.2018 is set aside. Ld. Trial Court is directed to follow the procedure of Chapter XV and XVI of Cr.P.C. specifically Sec.210 Cr.P.C. Accordingly, the revision petition is allowed.
8. Revisionist is directed to appear before the Ld. Trial Court on 13.08.2018 at 2.00 p.m.
9. TCR be sent back to the concerned Court.
10. Revision petition filed be consigned to Record Room. Announced in the open court on 09.08.2018 (Virender Kumar Goyal) ASJ04/West/Delhi 09.08.2018 CR No. 13818 Yogeshwari @ Versha & Anr. Vs. Lalit, ect. Page No.1/4