Delhi High Court - Orders
Pawanjit Singh Bawa vs State Of Nct Of Delhi & Another on 15 December, 2020
Author: Anu Malhotra
Bench: Anu Malhotra
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. No.2463/2020
PAWANJIT SINGH BAWA ..... Petitioner
Through: Mr.Giriraj Subramanium, Advocate
Versus
STATE OF NCT OF DELHI & ANOTHER. ... Respondents
Through: Mr.Raghuvinder Varma, APP for
State
Mr.D.N.Grover, for R-2
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
ORDER
% 15.12.2020 (Through Video Conferencing) Crl.M.A. No.17389/2020 Exemption allowed, subject to just exceptions. Crl.M.C No. 2463/2020 and Crl.M.A. No. 17388/2020 The petitioner vide the present petition assails the impugned order dated 26.11.2020 of the learned Additional Sessions Judge-04, Central District in Crl.Rev.Pet. 678/2019 whereby the order dated 10.10.2019 of the learned ACMM Central in CC No. 2690/19 directing that the matter be fixed for pre-summoning evidence was set aside with directions to the police authorities to register an FIR under the appropriate offences as per the original complaint under Section 156(3) of the Cr.P.C. with it being further made clear vide the said impugned order dated 26.11.2020 of the ASJ-04 Central to the effect Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:18.12.2020 15:18:49 This file is digitally signed by PS to HMJ ANU MALHOTRA.
that though the FIR was directed to be registered against the alleged offences in question but as to who was the offender was the matter of investigation and that it was pointed by the learned Revisional Court that the Court had not considered whether the allegations in the complaint were true or false and it was only after registration of the matter that the police could conduct the investigation in the matter. The petitioner submits that the petitioner is aggrieved by the said order in as much as the complaint made in CC No. 2690/2019 was against the petitioner and thus the petitioner in terms of the verdict of the co-ordinate Bench of this Court in Nishu Wadhwa V. Siddharth Wadhwa, a decision dated 10.1.2017 in W.P.(CRL) 1250/2016 submitting to the effect that an order under Section 156(3) of the Cr.P.C. is not in the nature of an interlocutory order and can be challenged by the affected person. It is submitted to the effect also that even the affected accused can challenge the same on the said premise.
Notice of the petition and the accompanying application Crl.M.A. No. 17388/2020 is issued to the respondents.
The status report be submitted by the State of action, if any, taken pursuant to the proceedings dated 26.11.2020 vide the order of the Revisional Court in Crl.Rev. Pet.678/2019 the matter be renotified for consideration for the date 12.1.2021 At this stage, learned counsel for the respondent No.2 who accepts the notice has informed that FIR No.328/2020 Police Station Pahar Ganj has been registered on 12.12.2020 and seeks time to submit a response in relation thereto. Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:18.12.2020 15:18:49 This file is digitally signed by PS to HMJ ANU MALHOTRA.
In view thereof, the status of the investigation be also apprised to the Court by the State for the next date of hearing.
Renotify on 12.1.2021.
ANU MALHOTRA, J DECEMBER 15, 2020/SV Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:18.12.2020 15:18:49 This file is digitally signed by PS to HMJ ANU MALHOTRA.