Delhi District Court
State vs Naresh Kumar on 1 June, 2024
IN THE COURT OF METROPOLITAN MAGISTRATE-05 (SOUTH-WEST),
DWARKA COURTS, NEW DELHI
PRESIDED BY : SH. NITESH GOEL
STATE V NARESH
FIR No. 533/23
Police Station: VIKAS PURI
Under Section: 188 IPC
CNR no. DLSW-02 0470052023
Date of institution : 27.09.2023
Date of reserving : 01.06.2024.
Date of pronouncement : 01.06.2024
JUDGMENT
a) CIS Number 10908/23
b) Date of commission of offence 02.09.2023
c) Name of the complainant HC Surender Kumar
d) Name, parentage and address Naresh Kumar s/o Sh Nanak
of the accused Singh r/o House no. 6/7
Gupta Enclave, Vikas nagar,
Uttam Nagar, Delhi.
e) Offence complained of U/s 188 IPC
f) Plea of the accused Pleaded not guilty
g) Final order Acquitted
h) Date of final order 01.06.2024.
BRIEF REASONS FOR THE JUDGMENT
1. Briefly stated, the case of the prosecution is that on 02.09.2023, at
7:00 pm at Shop no. A 151 Vikas Puri, within jurisdiction of PS Vikas Puri, belong- ing to accused, tenant Rakesh Kumar was found running above said shop without STATE V NARESH FIR No. 533/23 PS : VIKAS PURI U/s : 188 IPC 1 tenant verification and thereby accused violated the notification no. 8495- 8594/SO/ACP, dated 01.08.2023. At the complaint of complainant, the present case was registered and after completion of investigation, charge-sheet was filed against the accused for the offences punishable under section 188 IPC.
2. After going through the chargesheet and entire material available on record, cognizance was taken and the accused was summoned. Copy of charge sheet was supplied to him and provisions of Cr. P. C. were complied with. On the basis of prima facie evidence, notice was framed against the accused for the offences punishable under Section 188 IPC vide order dated 08.05.2024, to which he pleaded not guilty and claimed trial.
3. PW1 Sh. Rakesh Kumar deposed that he reside on the abovesaid address and working at Shop No. A-151, Raj Mandir, Vikas Puri from last three years. He is getting salary around Rs.15,000/-. At around 5-6 months back some police officials came and asked him about his police verification. He deposited his ID proof with Manager Naresh, however, his verification was not got done. Witness correctly identified the accused in the court.
4. PW2 Ct Paramvir deposed that on 02.09.2023 he was posted at PS Vikas Puri as Ct. That day he along with HC Surender were on patrolling duty and during patrolling they were conducting police verification and they reached at shop no. A-151 Rajmandir Vikas Puri New Delhi at around 7:00 pm. There they met STATE V NARESH FIR No. 533/23 PS : VIKAS PURI U/s : 188 IPC 2 servant Rakesh Kumar and asked him about his police verification to which he denied and told them that he several time asked owner for the same. After that they met Naresh Kumar manager of abovesaid shop and asked him about the police verification of Rakesh Kumar and he also denied that police verification of Rakesh Kumar was not done. IO prepared rukka and handed over to him for registration of FIR. He went to the PS and got the FIR registered. He came back at the spot and handed over copy of FIR and rukka to IO. Accused was arrested vide arrest memo Ex.PW2/A. Witness correctly identified the accused. IO prepared site plan vide Ex.PW2/B.
5. PW 3 HC Surender Kumar deposed on the lines of PW 2. He prepared rukka Ex.PW3/A.
6. No other witness has been examined by the prosecution. Prosecution evidence was closed. Statement of the accused was recorded under section 313 r/w 281 Cr.P.C. Accused stated that he has been falsely implicated in the present case. Accused did not opt for defence evidence. Thereafter, final arguments were heard at length.
7. Ld. APP for the State argued that the prosecution has proved its case against the accused beyond reasonable doubt. It is contended that the witnesses have given corroborative statements and the accused is liable to be convicted in STATE V NARESH FIR No. 533/23 PS : VIKAS PURI U/s : 188 IPC 3 this case.
8. It is contended by Ld. Counsel for the accused that the accused has been falsely implicated in the present case.
OBSERVATION
9. As per order no. 8495-8594/SO/ACP, Tilak Nagar, Delhi, dated 01.08.2023, the direction had been issued to the agencies like MCD, NDMC, Police, PWD, DDA, Dms, FC and Tehsil Dar to publicize the said order through the press and by affixing the same on the notice board at the premises of the said agencies. However, the prosecution has failed to place on record any evidence which shows that the said order was published in the newspaper which is under circulation in the vicinity of the area which might have made the people sensitized of the direction given in the order.
10. In view of the same the court is of the view that the order has not been enforced by the said agencies in the letter and spirit, therefore the court is of the view that as the offender was not aware of the offense enforced recently therefore he cannot be held liable for it. Accordingly, the accused deserves to be acquitted of the offence punishable under 188 IPC.
Nitesh Digitally signed by
Nitesh Goel
Announced in open court on 01.06.2024.
Goel Date: 2024.06.01
15:52:12 +0530
(Nitesh Goel )
Metropolitan Magistrate-05 (South-West)
01.06.2024.
STATE V NARESH FIR No. 533/23 PS : VIKAS PURI U/s : 188 IPC 4