Delhi District Court
Dimple Rani vs The State on 22 November, 2021
IN THE COURT OF SHRI PRASHANT SHARMA
ADDL. SESSIONS JUDGE-02 : SOUTH EAST DISTRICT
SAKET COURT : NEW DELHI
Criminal Appeal No. 112/2021
Police Station- Jaitpur
U/Sec. 354/323/509/34 IPC
In The Matter Of :-
Dimple Rani
D/o Mahender Pal Singh
H. No. B-748, Gali No. 11
Jaitpur Extn, Part 2, Badarpur
New Delhi - 110044.
.... Appellant
Versus
1. The State
2. Ms. Archna Beniwal
Metropolitan Magistrate
(Mahila Court-03), Court No. 5
South-East, Saket Court, New Delhi.
3. Ms. Ankita Lal
Metropolitan Magistrate-08
South-East, Saket Courts, New Delhi.
4. DCP, South-East & Their Subordinates
5. Dr. Amit Kumar Singh
JRMED, AIIMS
A-168, Sector 46, UP
6. Amit
S/o Uma Shankar
7. Umashankar
S/o Dewaki Prasad SAW
8. Pinkula Devi
W/o Umashankar
9. Dolly D/o Umashankar
& Others
.... Respondents
CA No. 112/2021 1 of 5
Dimple Rani Vs. The State & Ors.
Date of Institution : 15.11.2021
Date of Reserve for Order : 22.11.2021
Date of Order : 22.11.2021
ORDER
1. Appellant namely Dimple Rani has filed present appeal u/sec. 382 Cr.PC.
2. The Appeal is filed under wrong provision as sec. 382 Cr.PC, talks about the form of petition of appeal.
3. Besides that, appellant has not specified the particular order, either in the body of appeal or in the prayer clause, passed by Ld. Trial Court which she is challenging by way of present appeal.
4. Appellant has arrayed Ms. Archna Beniwal, Ld. Metropolitan Magistrate, Mahila Court No. 3, Court No. 5, South-East District, Saket Courts, New Delhi and Ms. Ankita Lal, Metropolitan Magistrate-08, South-East District, Saket Courts, New Delhi, in the memo of parties. She has stated that said Ld. Metropolitan Magistrates are shielding accused persons and corrupt police officers, while performing their duties. The specific details of the manner in which said Magistrates have performed their duties, as mentioned in the body of appeal, are not required to be mentioned here. Suffice it is to conclude that allegations against the said Magistrates, cannot be appreciated and decided in present appeal. Same is beyond the scope of present proceedings.
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5. Appellant has also arrayed DCP South-East District, Delhi and his subordinates in the memo of parties. In the body of appeal, allegations are levelled against DCP, South-East District, New Delhi and other police officials, for not following orders of Joint Commissioner of Police/ South Range. Further, allegations are levelled against the said police officials on the ground that they are protecting accused persons and are being influenced by Member of Parliament of BJP namely Ramesh Bidhuri. Again, appreciation of said allegations, is beyond the scope of present proceedings. They stand discarded.
6. Appellant has also claimed in the body of appeal that Dr. Amit Kumar Singh, JR MED AIIMS has prepared MLC Report by getting influenced. Those allegations again are beyond the scope of present proceedings and accordingly, stands discarded.
7. In the 'prayer clause', appellant has made following prayers :-
A) That investigation which is to be performed by DIU must be given to some independent agency and identity of name of investigating officer must be given to appellant.
B) That appropriate legal proceedings be initiated against DCP Chinmai Biswal and DCP Rajender Prasad Meena/ current DCP for corrupt practices and they must be suspended during investigation. She has named Sh. Dhal Singh, ACP Sarita Vihar (2) Sh. Sanjay Sinha, SHO PS-
Jaitpur (3) Sh. Satender Singh, IO FIR No. 531/2018 CA No. 112/2021 3 of 5 Dimple Rani Vs. The State & Ors.
(4) Sh.Dharmvir, IO FIR No. 530/2018 (5) Sh. Saurabh, Earlier IO (6) Sh. Harender (7) Sh. Jitender (8) On 30.08.2018, woman police officials who received complaints at PS- Jaitpur (() Sh. Kunwar Singh and (10) Sh. Hans Kumar and other police officers, against whom legal action must be ordered to be taken.
C) Arrest orders must be passed against the accused persons who have committed attempt to murder and who are influencing witnesses.
D) Appropriate legal action be taken against respondents Ms. Ankita Lal, Ld. Metropolitan Magistrate, Dr. Amit Kumar Singh and Ms. Archna Beniwal, Ld. Metropolitan Magistrate.
E) The evidence mentioned in letters dated 24.10.2018 given to SHO PS- Jaitpur and letter dated 30.10.2018 given to DCP South-East, must be preserved, F) Appellant and her family members must be protected from advocate Raj Pal Kasana and corrupt police officers. G) FIR must be ordered to be registered, on the basis of statements of injured Gaurav Kumar, recorded on 27.08.2018 in Safdurjung Hospital and the one recorded on 30.08.2018 in PS- Jaitpur by IO Saurav. H) Appropriate order may be passed which this court deems fit.
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8. All the aforesaid prayers, cannot be appreciated and granted in present proceedings. Therefore, they are discarded.
9. The net result is that, present appeal stands dismissed.
TCR be sent back along-with copy of this order.
[PRASHANT SHARMA]
ASJ-02, South-East/Saket/Delhi
22.11.2021
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Dimple Rani Vs. The State & Ors.