Delhi High Court - Orders
St vs State Nct Of Delhi & Anr on 18 April, 2023
Author: Amit Sharma
Bench: Amit Sharma
$~74
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1070/2023
ST ..... Petitioner
Through: Ms. Deeksha Dwivedi, Ms. Samridhi
Dobhal & Mr. O.N. Pandey,
Advocates.
Versus
STATE NCT OF DELHI & ANR. ..... Respondents
Through: Ms. Rupali Bandhopadhya, ASC for
State with Mr. Akshay Kumar & Mr.
Abhijeeet Kumar, Advocates.
SI Chandani, P.S. Patel Nagar.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
ORDER
% 18.04.2023 CRL.M.A. 10096/2023 Exemption
1. Exemption allowed, subject to just exceptions.
2. The application is disposed of accordingly. W.P.(CRL) 1070/2023
3. The present writ petition under Article 226 & 227 of the Constitution of India read with Section 482 of the Cr.P.C. seeks the following prayers:
"a) Issue a writ mandamus of direction of the order of like nature, thereby directing Respondents 2 to transfer the Investigation in zero FIR 0001/23 PS Patel Nagar dated 09.04.2023 to Tilak Nagar Police Station, New Delhi.
b) Issue a writ of mandamus of direction of the order of like nature, thereby directing Respondent No.2 not to transfer the zero FIR 0001/23 PS Patel Nagar dated 09.04.2023 to Ambala, Haryana; and
c) Issue a writ mandamus of direction of the order of like nature, Signature Not Verified Digitally Signed By:ANITA BAITAL Signing Date:21.04.2023 14:18:28 thereby calling the explanation from Respondents 2 for non-registration of the zero FIR 0001/23 PS Patel Nagar dated 09.04.2023 under Sections 417/354B/342/506/323/352/376/377/120-B of the IPC apart from the sections in which the FIR has been registered; and
d) Direct the SHO PS Tilak Nagar to ensure prompt, fair and effective investigation to ensure the fair and effective trial in zero FIR 0001/23 PS Patel Nagar dated 09.04.2023; and/or
e) Pass any other order(s) which this Hon'ble Court may deem fit and proper in the interest of justice."
4. Learned counsel appearing on behalf of the petitioner does not press prayer („c‟) at this stage.
5. Issue notice.
6. Learned Additional Standing Counsel accepts notice and seeks time to file a status report. Let the same be done before the next date of hearing.
7. Learned Additional Standing Counsel, on instructions of the Investigating Officer, submits that the necessary order with respect to transferring of investigation of zero FIR no. 0001/23, P.S. Patel Nagar to Ambala has already been issued.
8. Re-notify on 26.05.2023.
AMIT SHARMA, J APRIL 18, 2023/bsr Signature Not Verified Digitally Signed By:ANITA BAITAL Signing Date:21.04.2023 14:18:28