Delhi High Court - Orders
Shobnath vs State And Others on 29 November, 2022
$~76
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ TR.P.(CRL.) 88/2022 & CRL.M.A. 24813/2022
SHOBNATH ..... Petitioner
Through: Mr. Harshit Jain, Advocate.
versus
STATE AND OTHERS ..... Respondent
Through: Mr. Narinderjij Singh Bajwa APP for
the State with ASI Ijaj Ali PS.
Mahendra Park.
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
ORDER
% 29.11.2022
TR.P.(CRL.) 88/2022
1. By this petition petitioner has prayed for transferring the complaint case bearing CIS 1285/2020 at PS Bhajanpura pending before the Court of learned MM North East Kakardooma Courts to the Court of learned ACMM North District, Rohini Courts Delhi to be tagged along with proceedings in FIR No. 43/2017 at PS Mahindra Park. The basis of his contention is that the petitioner was an owner of vehicle bearing No. DL 7S BC 0287 of which he had got a third party insurance issued by respondent Nos. 2 - 4 at a premium of Rs. 655 on 19th February, 2017. The vehicle of the petitioner met with an accident and an FIR bearing No. 43/2017 was registered at PS Mahindra Park under Sections 279/377 IPC. During investigation in the FIR the IO collected the RC and insurance of the vehicle and on verification it was found that the insurance policy issued by respondent Nos. 2-4 was fake, forged and fabricated. As per the petitioner he immediately preferred a written police complaint on 22nd March, 2017 at PS Bhajanpura against the Signature Not Verified Digitally Signed By:MANISH KUMAR Signing Date:06.12.2022 05:37:58 respondent Nos. 2-4 vide DD No. 17B but no action was taken by the police on the same. Subsequently, further complaints were moved as well by the petitioner including an RTI. Aggrieved by the inaction of the police authorities petitioner preferred a complaint against the respondent Nos. 2-4 under Section 190/200 Cr.P.C. along with an application under Section 156(3) Cr.P.C., for registration of the FIR. Subsequently status report/ATR was filed by the police but still no action was taken.
2. Learned counsel for the petitioner draws attention to the order dated 25th July, 2022 of the learned MM by which his application under Section 156/(3) Cr.P.C. has been declared as infructuous in view of the FIR No. 43/2017 PS Mahindra Park. The Learned APP informs that subsequently in the said FIR in view of the fabricated and forged insurance Section 468/471/34 IPC and 146/196 Motor Vehicles Act were added. The charge sheet has been filed in September 2019 and the proceedings relating to the FIR are underway.
3. The learned APP contends that no useful purpose would be served by allowing the transfer petition since the petitioner would have the full opportunity to lead its defence evidence in the trial pursuant to the FIR including relating to the issue of forgery by third parties.
4. This Court is not inclined to allow the prayer in this petition. The petitioner can pursue his remedies in accordance with law as regards his criminal complaint and lead whatever defence evidence that he wishes to in proceedings relating to FIR No. 43/ 2017.
5. Order be uploaded on the website of this Court.
6. The counsel for the petitioner, after the dictation of the order by this Court raised another ground stating that Section 210 Cr.P.C. would Signature Not Verified Digitally Signed By:MANISH KUMAR Signing Date:06.12.2022 05:37:58 necessarily involve the proceedings to be clubbed together. In response, the learned APP has contended that Section 210 Cr.P.C. would not apply to the situation since these arise out of independent issues. A bare reading of Section 210 Cr.P.C. would show that clubbing of a complainant case with the trial on police report under Section 173 Cr.P.C. is with respect to any person who is an accused in the complaint case as well as in the police report. In the facts of this, the petitioner is a complainant in this complaint and not the accused.
7. At this stage, this Court finds no reason to allow the prayer of the petitioner.
ANISH DAYAL, J NOVEMBER 29, 2022/rk Signature Not Verified Digitally Signed By:MANISH KUMAR Signing Date:06.12.2022 05:37:58