Delhi High Court - Orders
Ms. Jyoti Taneja vs State Of Nct Of Delhi & Ors on 8 November, 2021
Author: Mukta Gupta
Bench: Mukta Gupta
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 1878/2021
MS. JYOTI TANEJA ..... Petitioner
Represented by: Mr. Prosenjeet Banerjee and
Ms. Shreya Singhal, Advocates with
petitioner in person through VC.
Versus
STATE OF NCT OF DELHI & ORS. ..... Respondents
Represented by: Mr. Rajesh Mahajan, ASC (Crl.)
GNCTD with Ms. Jyoti Babbar,
Advocate.
SI Sanjay, PS Barakhamba Road.
Mr. Rajan Chaudhary, Advocate for
R-2.
Mr. Arpit Kumar Singh, Advocate for
R-3.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 08.11.2021 The hearing has been conducted through Physical Mode.
BAIL APPLN. 1878/20211. Status report has been e-mailed to this Court. The same will also be placed on record by the learned APP for the State.
2. The present petition has been filed by the petitioner seeking expeditious disposal of the kalandra proceedings recorded vide DD No.42A dated 12th October, 2020 at PS Barakhamba Road, now pending before the learned Special Executive Magistrate ('SEM'), New Delhi District.
3. Grievance of the petitioner is that respondent No. 2 who was working Signature Not Verified Digitally Signed By:JUSTICE BAIL APPLN.1878/2021 Page 1 of 3 MUKTA GUPTA Signing Date:09.11.2021 09:30:10 in the office of the petitioner as a stenographer, pursued LLB Degree and enrolled as an Advocate. Thereafter despite the petitioner asking him not to come to her office, he continued using the office, was harassing and causing breach of peace, damage to the premises and physical harm to the petitioner and her mother, who has been impleaded as respondent No. 3. Civil proceedings between the parties are also pending.
4. Aggrieved by the breach of peace and other unlawful activities of the respondent No.3, petitioner lodged complaint at P.S.Barakhamba Road. The matter is pending before the learned SEM and since respondent No. 2 was not appearing, bailable warrants were issued against the respondent No. 2 and hence, the proceedings before the SEM are dragging and could not be concluded.
5. A status report has been filed by the State indicating that a complaint was lodged by the petitioner at PS Barakhamba Road against the respondent No. 2 on 10th October, 2020 followed by another complaint dated 12th October, 2020 alleging that the respondent No. 2 was extending threats of forcible entry in her office, breaking open the locks and causing harm. The proceedings were initiated on the complaint and matter was listed on 18th November, 2020, when a notice was issued to the respondent No. 2 for 10th December, 2020. However, the respondent No. 2 did not appear but filed an application through the counsel which was accepted and the case was thereafter fixed for 23rd December, 2020, 18th January, 2021, 18th February, 2021 and 10th March, 2021. However, the respondent No. 2 failed to appear on the said dates of hearing and in the meantime, filed a Revision Petition before the learned Sessions Judge, Patiala House Courts. Despite there being no stay of the proceedings from the learned Sessions Court, the respondent Signature Not Verified Digitally Signed By:JUSTICE BAIL APPLN.1878/2021 Page 2 of 3 MUKTA GUPTA Signing Date:09.11.2021 09:30:10 No. 2 failed to appear and finally bailable warrants were issued, when on 29th October, 2021, the respondent No. 2 appeared.
6. From the facts noted in the status report, it is evident that the respondent No. 2 is deliberately delaying the proceedings and hence this Court deems it fit to allow the petition.
7. The learned SEM is directed to conclude the above noted proceedings as expeditiously as possible and preferably within a period of 4 months from today.
8. Petition is disposed of.
9. Order be uploaded on the website of this Court.
MUKTA GUPTA, J.
NOVEMBER 08, 2021 PB Signature Not Verified Digitally Signed By:JUSTICE BAIL APPLN.1878/2021 Page 3 of 3 MUKTA GUPTA Signing Date:09.11.2021 09:30:10