Delhi High Court - Orders
Aashish Gulia vs State (Govt. Of Nct Of Delhi) & Anr on 30 August, 2024
Author: Subramonium Prasad
Bench: Subramonium Prasad
$~91
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 6840/2024
AASHISH GULIA .....Petitioner
Through: Mr. Mimansak Bhardwaj and Mr.
Pradeep Baisoya, Advocates with
Petitioner in person.
versus
STATE (GOVT. OF NCT OF DELHI) & ANR. .....Respondents
Through: Mr. Shoaib Haider, APP for the State.
SI Vinay, Sunlight Colony
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
ORDER
% 30.08.2024 CRL.M.A. 26136/2024 (Exemption) Allowed, subject to all just exceptions.
CRL.M.C. 6840/2024 & CRL.M.A. 26137/2024
1. Petitioner has approached this Court challenging the Order dated 02.04.2024, passed by the learned Metropolitan Magistrate, Mahila Court, Saket Courts, taking cognizance of the offence under Section 354D/506 IPC in FIR No.250/2019, dated 26.09.2019, registered at Police Station Sunlight Colony.
2. Learned Counsel for the Petitioner states that the punishment for offences under Section 354D IPC is imprisonment for three years and for offences under Section 506 IPC the punishment is for two years. He states that the Charge-sheet ought to have been filed within three years of the registration of the FIR and the cognizance of the offence could not have This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/09/2024 at 20:46:14 been taken without proper application of mind while codoning the delay in filing the charge-sheet.
3. Relevant portion of the Order dated 02.04.2024 reads as under:
"Admittedly the period of limitation under section 468 Cr.PC has to be calculated from the date of filing of the complaint or institution of the prosecution (reliance placed upon the judgement passed by the Hon'ble Supreme Court of India in the case of Sara Mathew vs. Institute of Cardio vascular Diseases by its Directors and Ors. (2014) 2 SCC 62). The incident in the present matter has allegedly placed on 24.09.2019 and the complainant herein has reported the incident on 26.09.2019 ie. within the Imitation period and cannot be non-suited for any subsequent delay caused by the IO concerned in filing of the charge-sheet.
Accordingly, the application for condonation of delay is itself non-maintainable Thus, there is no question in delay to be condoned.
However, it is important to note that the present chargesheet has been signed by the concerned IO an has been forwarded by the SHO and ACP concerned in the year 2020 Despite the same, the present chargesheet has been filed in the court today. Even today, the 10 is absent.
Accordingly, copy of this order be sent to the DCP concerned for intimation and necessary action with a direction to file a report in this regard on NDOH In the present case, there are allegation against the accused used to contact the complainant to foster personal interaction repeatedly her refusal and had also threatened her. As such there appears prima facia against accused.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/09/2024 at 20:46:14 I take cognizance for the offence's punishable u/s 354D/506 IPC Accordingly, accused Ashish Gulia be summoned through IO/SHO concerned for NDOH.
List for appearance of accused/further proceedings on 19.07.2024."
4. This Court is of the opinion that prima facie the reasoning given by the learned Metropolitan Magistrate cannot be sustained and the matter has to be remanded back to the learned Metropolitan Magistrate for fresh consideration.
5. Issue Notice.
6. Learned APP for the State accepts notice and seeks some time to file a reply.
7. On Petitioner taking steps, let notice be issued to the Respondent No.2 through all permissible modes, including Dasti.
8. List on 04.12.2024.
9. All the further proceedings shall remain stayed till the next date of hearing.
SUBRAMONIUM PRASAD, J AUGUST 30, 2024 Rahul This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/09/2024 at 20:46:15