Delhi High Court - Orders
Deepa Verma vs State Of Nct Of Delhi on 2 November, 2022
Author: Sudhir Kumar Jain
Bench: Sudhir Kumar Jain
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 4813/2022 & CRL.M.A. 19455/2022 (exemption)
DEEPA VERMA ..... Petitioner
Through: Mr. Ashutosh Kaushik, Mr. Manish
Vashisht, Mr. Roshan Kumar,
Advocates
versus
STATE OF NCT OF DELHI ..... Respondent
Through: Mr. Raghuvinder Varma, APP for
State with SI Vinod, P.S. Sarai
Rohilla
CORAM:
HON'BLE MR. JUSTICE SUDHIR KUMAR JAIN
ORDER
% 02.11.2022
1. The present petition is filed under section 482 Cr.P.C. for setting aside the order dated 12.04.2022 passed by the Court of ASJ/SFTC-02(Central), Tis Hazari Courts in Criminal Revision no.794/2018 by which the order dated 21.08.2018 passed by the Court of MM-04, Central, Tis Hazari Courts, New Delhi in case bearing no.536084/2016 P.S. Sarai Rohilla was affirmed.
2. Issue notice.
3. Mr. Raghuvinder Varma, Additional Public Prosecutor assisted by Investigating Officer, SI Vinod, P.S. Sarai Rohilla accepts notice on behalf of the respondent no.1/State.
4. The perusal of record reflects that the FIR bearing no.122/2010 dated 17.04.2010 was got registered under sections 306/34 IPC at P.S. Sarai Rohilla on the basis of directions given under section 156(3) Cr.P.C. vide Signature Not Verified Digitally Signed By:JITENDRA Signing Date:09.11.2022 17:17:02 order dated 06.04.2010 passed by the Court of Ms. Geetanjali, MM, North- 04, Tis Hazari Courts, Delhi. After investigation the concerned Investigating Officer filed the Cancellation Report and the petitioner filed a protest petition against the Cancellation Report. The Court of Shri Amit Arora, MM-04, Tis Hazari Courts, Delhi vide order dated 06.02.2012 observed that the police has acted in most unprofessional manner and the roll of the certain police officials does not appear to be sincere thereafter the matter was sent back to the concerned SHO for further investigation. The Investigating Officer was also directed to conduct investigation without being influenced and in a sincere manner.
5. After further investigation, in pursuance of order dated 06.02.2012, the fresh final report under section 173 Cr.P.C. was filed in the shape of Cancellation Report. The petitioner again filed a protest petition which was dismissed by the Court of Sh. Chander Mohan, MM-04, Central, Delhi vide order dated 21.08.2018 and the Cancellation Report was accepted.
6. The petitioner being aggrieved filed a Criminal Revision Petition no.794/2018 titled as Deepa Verma V. State (GNCT of Delhi) & Ors. The said Criminal Revision Petition was also ordered to be dismissed by the Court of Shri Pankaj Gupta, ASJ-SPL. FTC-02 (Central) Tis Hazari Courts vide order dated 12.04.2022.
7. The counsel for the petitioner stated that the said Criminal Revision Petition was dismissed without giving any opportunity to the petitioner to advance arguments and as such the concerned Revisional Court be directed to decide the said Criminal Revision Petition bearing no.794/2018 after giving an opportunity of being heard to the petitioner. The Additional Public Prosecutor for the respondent no.1/State stated that the petitioner was given Signature Not Verified Digitally Signed By:JITENDRA Signing Date:09.11.2022 17:17:02 several opportunities to advance arguments as reflected from the impugned order dated 12.04.2022.
8. The Revisional Court in para no.5 of the impugned order dated 12.04.2022 observed that the petitioner and her counsel have failed to advance arguments despite endless opportunities and they have also stopped appearing in the matter. The relevant para no.5 of the order dated 12.04.2022 is reproduced as under:-
5. The petitioner and her counsel have failed to address the arguments despite given endless opportunities. They have also stopped appearing in the matter. Accordingly, the right of the petitioner to address the argument has been closed.
9. In the interest of justice, the petitioner is given one opportunity to advance arguments on her protest petition before the concerned Revisional Court on the date so directed or fixed by the Revisional Court. Accordingly, the order dated 12.04.2022 is set aside and the Criminal Revision Petition is remanded back to the concerned Revisional Court for fresh hearing after giving one opportunity of being heard to the petitioner.
10. The present petition alongwith pending applications, if any, stands disposed of.
11. A copy of this order be sent to the concerned Trial Court for information and compliance.
SUDHIR KUMAR JAIN, J NOVEMBER 2, 2022/j/m Signature Not Verified Digitally Signed By:JITENDRA Signing Date:09.11.2022 17:17:02