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[Cites 8, Cited by 0]

Delhi District Court

State vs . Sunny @ Suresh on 13 March, 2013

FIR No.    171/11
PS: Sarswati Vihar
U/s: 33/38 Excise Act.
State Vs. Sunny @ Suresh


Examination of Sunny @ Suresh u/s 265B (4) Cr PC

      I know I have been charged u/s      33/38 Excise Act      having been
found in possession of one white plastic katta containing 48 quarter of
Bonnie Special Whisky and three bottles of Rasila Santra Masaledar .        I
understand the meaning of plea bargaining. I have moved the present
application seeking plea bargaining without any coercion or pressure. I
know that there can be a sentence of one forth of the maximum prescribed
under the offence. I know that I have to plead guilty for successful plea
bargaining and judgment given in plea bargaining proceedings is final and
no appeal lies. I am giving this statement voluntarily and want to enter into
mutually satisfactory disposition.
      I am not a previous convict for the same offence.


R.O. & A.C.                              (Sushil Anuj Tyagi)
                               Plea Bargainging Judge
                                 28.03.2013
 FIR No.    171/11
PS: Sarswati Vihar
U/s: 33/38 Excise Act.
State Vs. Sunny @ Suresh

Statement of accused Sunny @ Suresh S/o Shyam Lal

WITHOUT OATH
        I voluntarily plead guilty to the offences of U/s 33/38 Excise Act . I fully
understand that on basis of my plea of guilty, the Court may award sentence for the
offence as per law and that in case I commit default in compliance with the conditions of
the settlement, and/or undertaking given, the Court may enforce the same by imposing
sentence in default. I have agreed to this disposition voluntarily and without undue
influence, fear or coercion from any quarter.

R.O. & A.C.                   MM/Delhi 28.03.2013



Statement of Sh. Robin Singh, Substitute ld . APP for the State.

ON SA
        On behalf of the State, I agree to conviction of the accused and pray that be dealt
with suitable as per the mutually satisfactory disposition settled between the parties.

R.O. & A.C.                   MM/Delhi 28.03.2013
 FIR No.    171/11
PS: Sarswati Vihar
U/s: 33/38 Excise Act.
State Vs. Sunny @ Suresh

                   Mutually satisfactory disposition
      It is hereby agreed between the applicant/accused , complainant
and APP for the state that:
      1   Accused shall plead guilty to the offence u/s 33/38 Excise Act
      2 The state shall not press for stringent punishment against the
      accused.


Signed by:
Sunny @ Suresh
Substitute Ld. APP Sh. Rohin Singh


                                                          Accepted by Court


                   ORDER

Having heard the parties and the Ld. Counsel as well as APP for the State. I find that the disposition worked out mutually by the parties is fair and just. Therefore, in terms of the mutually satisfactorily disposition worked out by the parties, the matter be put up for judgment today itself.

(Sushil Anuj Tyagi) MM/Delhi 28.03.2013 FIR No. 171/11 PS: Sarswati Vihar U/s: 33/38 Excise Act.

State Vs. Sunny @ Suresh JUDGMENT The accused was sent to face trial for offences U/s 33/38 Excise Act in case FIR No. 171/11 P.S. Sarswati Vihar with the allegations that accused was having been found in possession of one white plastic katta containing 48 quarter of Bonnie Special Whisky and three bottles of Rasila Santra Masaledar .

The accused was arrested and was charge sheeted u/s 33/38 Excise Act . During the course of trial, accused moved the application duly supported with the affidavit to undergo the procedure of plea bargaining. Accordingly, this application was assigned to this Plea Bargaining Court.

Accused was examined in the chamber, so as to verify the voluntarily nature of his application and to make the accused understand about the accusation against him and the consequences of going through the procedure of plea bargaining. When I was satisfied as to the fact that application has been moved voluntarily. IO has submitted a report that there is no previous conviction of the accused . The statement of IO was recorded on 20.03.2013 in this regard. They all were asked to prepare mutual satisfactory disposition. Accordingly, parties prepared the MSD.

In view of the MSD and statement made by the parties, accused is accordingly, convicted for the aforesaid offence u/s 33/38 Excise Act . Let he be heard on the point of sentence.

Judge Plea Bargaining 28.03.2013 FIR No. 171/11 PS: Sarswati Vihar U/s: 33/38 Excise Act.

State Vs. Sunny @ Suresh ORDER ON SENTENCE I have heard convict and the Ld. APP for the State on the point of sentence. The convict submits that he is 22 years of age and have family to maintain. . He has shown repentance for his act. A lenient view is prayed. Under the facts and circumstances of the present case, since the accused is not previous convict for the same offence , I am of the considered opinion that the scale of justice shall be balanced if the convict is sentenced to fine of Rs. 5,000/- u/sec. 33/38 Excise Act and in default of SI for two months. Fine paid.

Copies of this judgment are given to the parties free of cost. File be consigned to Record Room through Concerned Court as per rule.

Announced in the open Court (Sushil Anuj Tyagi) on 28.03.2013 Plea Bargaining Judge FIR No. 171/11 PS: Sarswati Vihar U/s: 33/38 Excise Act.

State Vs. Sunny @ Suresh 28.03.2013 Present: Ld. APP for the State.

Accused in person.

Plea Bargaining stood successful. Accused is convicted and is sentenced to pay a fine of Rs. 1,000/- u/sec. 33/38 Excise Act and in default of payment of fine SI for two months. Fine paid.

Let the file be put up before ld. ACMM Sh. D.K.Jangla for appropriate orders for 04.04.2013 (Sushil Anuj Tyagi) Plea Bargaining Judge 28.03.2013 FIR NO. 101/04 PS Kanjhawla 28.03.2013 PW- 4 Statement of Smt. Yashwanti, W/o Sh. Ram Phal (recalled for cross- examination u/sec. 311 Cr.P.C. ) On SA :

XXXXX by Sh. Tarun Gehlot, Counsel for accused Sumitra and Gurdeep It is correct that my husband name is Ramphal. S/o Sant Ram R/o Village Mungesh Pur. I reside with my husband. Roshni is my real sister. We reached Qutub Garh at around 4.00 p.m. It is wrong to suggest that my sister Roshni did not accompany me on that day. It is correct that my husband Ramphal was married earlier to Omwati before marriage with me . It is correct that Omwati is still alive . I do not know whether the marriage between Ramphal and Omwati has been divorced or not. Kuldeep is brother of Omwati. Sumitra is resident of village Mungesh Pur. It is wrong to suggest that Om Parkash, husband of Sumitra gave evidence against me and my husband in complaint case bearing no. 1248/1 , u/sec. 494 & 498 IPC. At Qutub Garh we spent around one hour in purchasing goods. I was carrying the goods in my hand. It takes less then one hour in reaching Jathkhore from Qutub Garh market. It is correct that bus ply between Jathkhore and Qutub Garh. Some public persons were present at the Ara Machine . I am illiterate , therefore, I could not note the registration no. of the Maruti car. The Maruti car was of white colour. It is wrong to suggest that there are Nursing Homes and Hospitals on the road where the incident happened . The Govt. dispensary is far off from the place of incident. The Maruti car was never got identified by me from the police as it was never traced. When I was taken for medical examination, I disclosed the name of accused persons to the doctor. My statement was recorded by the police in the hospital. It is wrong to suggest that no such incident happened on 18.04.2004. It is wrong to suggest that I did not disclose the name of accused
- 2-

persons to the doctor as I do not know who hit me with the car. It is wrong to suggest that I falsely implicated the accused persons as accused Kuldeep is brother of first wife of my husband Ramphal . It is further wrong to suggest that I falsely implicated the accused Sumitra as she deposed against me and my husband in complaint case no. 1248/1 u/sec. 494/498 IPC. It is wrong to suggest that I have named Roshni falsely in my examination in chief . It is wrong to suggest that I have deposed falsely.

R.O. & A.C. (Sushil Anuj Tyagi) MM/Rohini/Delhi 28.03.2013.

FIR NO. 101/04

PS Kanjhawla 28.03.2013 PW-7 Statement of ASI Saroj Bala PIS No. 28880567 PS Maurya Enclave On SA :

On 11.05.2004 I was posted at PS Kanjhawal as Head Ct. On that day I had joined the investigation with ASI Aashiq Ali in the present matter and we reached at village Mungesh Pur where IO interrogate the accused Sumitra , present in the court today and arrested her vide arrest memo Ex. PW 7/A and conducted personal search vide memo Ex. PW 7/B. Both memos bears my signatures at point A. The offence was bailable on producing surety, accused was released on bail. IO recorded my statement. XXXXX by Sh. Tarun Gehlot, Counsel for both the accused Nil. Opp. Given.
R.O. & A.C. (Sushil Anuj Tyagi) MM/Rohini/Delhi 28.03.2013.

IN THE COURT OF SHRI SUSHIL ANUJ TYAGI: MM: ROHINI FIR No. 156/12 PS Kanjhawla NOTICE I SUSHIL ANUJ TYAGI, Metropolitan Magistrate, Rohini, Delhi hereby serve notice upon you Shashi W/o Deepak which is as follows :

That on 20.07.2012 at about 7.50 a.m. at common road, near Govt. School, Village Karala, Delhi within the jurisdiction of PS Kanjhawla you were driving one car make Verna bearing registration no. HR-13E-7246 in a rash and negligent manner so as to endanger human life and personal safety of others and while such rash and negligent driving you hit against one motor cycle bearing no. DL-4SBM-3849 and caused grievous injuries on the person of Rakesh, Santosh and Annu and thus you thereby committed offence punishable U/s 279/338 IPC and within my cognizance.
Notice has been read over and explained to all the accused and they are questioned as under:
Q.1 Have you heard and understood the notice? Ans. Yes.
Q. 2 Do you plead guilty or have any defence to make? Ans I plead not guilty . I was not driving my aforesaid vehicle rashly or negligently. On the fateful day, one motorcycle hit my car from my right side and my attention got diverted due to which the accident happened. I was not at fault .
RO & AC                                            (Sushil Anuj Tyagi)
                                                    MM: Rohini: Delhi
                                                       28.03.2013
IN THE COURT OF SHRI SUSHIL ANUJ TYAGI: MM: ROHINI FIR No. 278/12 U/S 33 Delhi Excise Act PS Aman Vihar CHARGE I SUSHIL ANUJ TYAGI, Metropolitan Magistrate, Rohini, Delhi do hereby charge you Rekha W/o Sanjay Singh as under:-
That on 19.09.2012 at about 2.45 p.m. near Central Park, Budh Bazar Road, Kailash Vihar, Delhi within the jurisdiction of PS Aman Vihar you were found in possession of one plastic katta of illicit liquor, containing 96 quarter bottles of illicit liquor labeled with N.V. Besto Whisky for sale in Arunachal Pardesh only 180 ML (as per seizure memo mark X), without any permit or licence and thus you thereby committed an offence punishable u/s 33 Delhi Excise Act, 2009 and within my cognizance.

I hereby direct you to be tried by this court for the said charge.

MM: Rohini Charge has been read over and explained to both the accused and he is questioned as under:

Q.1 Have you heard and understood the charge? Ans. Yes.
Q. 2 Do you plead guilty or claim trial?
Ans. I plead not guilty and claim trial.
RO & AC                                              (Sushil Anuj Tyagi)
                                                      MM: Rohini: Delhi
                                                         28.03.2013
 FIR No. 258/01
PS: Kanjhawla



28.03.2013
File taken up today as 27.03.2013 was holiday on the eve of Holi . Present: Substitute Ld. APP for State.
Accused with counsel Sh. S.L.Jain.
Summons to witness Amin Mandal and Sh. Kuleshwar Yadav again received back unserved. Let summons to these witnesses be served afresh through IO concerned for NDOH.
List on 10.05.2013 for RPE.
(Sushil Anuj Tyagi) Metropolitan Magistrate Rohini Courts :Delhi 28.03.2013 FIR No. 26/12 PS: Aman Vihar 28.03.2013 Present: Substitute Ld. APP for State.

IO SI Satbir Singh absent.

Notice issued to complainant received back with the report that she does not reside at the given address. Issue fresh notice to the complainant through IO SI Satbir Singh for NDOH.

SI Satbir Singh was bound down on last date of hearing but he is not present today. Issue B/W in the sum of Rs. 1,000/- for NDOH.

List on 13.05.2013 for further proceedings.

(Sushil Anuj Tyagi) Metropolitan Magistrate Rohini Courts :Delhi 28.03.2013 CC No. 297/1/09 PS: Aman Vihar 28.03.2013 File taken up today as 27.03.2013 was holiday on the eve of Holi . Present: None for complainant.

List on 08.07.2013 for consideration.

(Sushil Anuj Tyagi) Metropolitan Magistrate Rohini Courts :Delhi 28.03.2013 FIR No. 96/06 PS:Kanjhawla 28.03.2013 File taken up today as 27.03.2013 was holiday on the eve of Holi . Present: Substitute Ld. APP for State.

Accused absent.

Process server HC Shivesh absent despite service. Issue B/W in the sum of Rs. 1,000/- against him for NDOH.

List on 09.07.2013 for further proceedings.

(Sushil Anuj Tyagi) Metropolitan Magistrate Rohini Courts :Delhi 28.03.2013 FIR No. 28/10 PS: Aman Vihar 28.03.2013 Present: Substitute Ld. APP for State.

Accused Ravi in person.

No PW is present.

Issue summons to Injured for NDOH. List on 12.07.2013 for RPE.

(Sushil Anuj Tyagi) Metropolitan Magistrate Rohini Courts :Delhi 28.03.2013 FIR No. 42/10 PS: Aman Vihar 28.03.2013 File taken up today as 27.03.2013 was holiday on the eve of Holi . Present: Substitute Ld. APP for State.

Accused absent.

B/W against accused and notice u/sec. 446 Cr.P.C. to his surety received back unexecuted. Report perused. It appears that the accused is deliberately avoiding the process of the court. The accused has either absconded or concealing himself to evade the process of the court.

Accordingly, issue process u/s 82 Cr. P.C with the directions to the process server to appear personally on NDOH.

Let the proclamation be also published in the Daily National Newspaper against the accused.

Put up for 11.07.2013 for further proceedings.

(Sushil Anuj Tyagi) Metropolitan Magistrate Rohini Courts :Delhi 28.03.2013 FIR No. 3/10 PS: Aman Vihar 28.03.2013 Present: Substitute Ld. APP for State.

Accused with counsel.

Complainant/injured Raman Raj in person. Some more time is sought by the parties to explore the possibility of settlement.

List on 21.05.2013 for further proceedings.

(Sushil Anuj Tyagi) Metropolitan Magistrate Rohini Courts :Delhi 28.03.2013 FIR No. 62/12 PS: Kanjhawla 28.03.2013 Present: Substitute Ld. APP for State.

Accused absent.

Accused is not present despite several calls since morning. Issue NBW against accused and notice u/sec. 446 Cr.P.C. to his surety for 05.07.2013 (Sushil Anuj Tyagi) Metropolitan Magistrate Rohini Courts :Delhi 28.03.2013 FIR No. 82/12 PS: Aman Vihar 28.03.2013 Present: Substitute Ld. APP for State.

Accused absent.

Accused is not present despite several calls since morning. Issue NBW against accused and notice u/sec. 446 Cr.P.C. to his surety for 09.07.2013 (Sushil Anuj Tyagi) Metropolitan Magistrate Rohini Courts :Delhi 28.03.2013 FIR No. 114/00 PS: Kanjhawla 28.03.2013 Present: Substitute Ld. APP for State.

Both accused in person.

No PW is present.

Considering the old pendency of the case since the year 2000 , the prosecution evidence is closed.

Put up for examination of accused u/sec. 313 Cr.P.C. on 09.04.2013.

(Sushil Anuj Tyagi) Metropolitan Magistrate Rohini Courts :Delhi 28.03.2013 FIR No. 94/08 PS: Kanjhawla 28.03.2013 Present: Substitute Ld. APP for State.

Accused in person.

Injured Pal in person.

Summons issued to witnesses Parkash and Pappu received back unserved. Let summons to these witnesses be served afresh through IO for NDOH.

Also issue notice to IO to appear personally on NDOH. Also issue notice to Branch V-B to appear personally and to explain why the summons were not served through concerned IO as directed on last date of hearing .

List on 18.05.2013 for further proceedings.

(Sushil Anuj Tyagi) Metropolitan Magistrate Rohini Courts :Delhi 28.03.2013 FIR No. 17/07 PS: Kanjhawla 28.03.2013 File taken up today as 27.03.2013 was holiday on the eve of Holi . Present: Substitute Ld. APP for State.

Accused is already PO.

No PW is present.

Put up for RPE u/sec. 299 Cr.P.C. on 29.08.2013.

(Sushil Anuj Tyagi) Metropolitan Magistrate Rohini Courts :Delhi 28.03.2013 FIR No. 172/07 PS: Kanjhawla 28.03.2013 File taken up today as 27.03.2013 was holiday on the eve of Holi . Present: Substitute Ld. APP for State.

Accused in person.

Witness Neelam and Krishan Kumar are absent despite service. Issue B/W in the sum of Rs. 1,000/- each against them for NDOH.

List on 06.08.2013 for RPE.

(Sushil Anuj Tyagi) Metropolitan Magistrate Rohini Courts :Delhi 28.03.2013 FIR No. 133/10 PS: Kanjhawla 28.03.2013 File taken up today as 27.03.2013 was holiday on the eve of Holi . Present: Substitute Ld. APP for State.

Accused is present on bail.

No PW is present.

List on 08.08.2013 for RPE.

(Sushil Anuj Tyagi) Metropolitan Magistrate Rohini Courts :Delhi 28.03.2013 FIR No. 43/03 PS: Kanjhawla 28.03.2013 File taken up today as 27.03.2013 was holiday on the eve of Holi . Present: Substitute Ld. APP for State.

Accused Mujjamil in person. Accused Firzool absent.

It is submitted by accused Mujammil that accused Firzool is not well today. Accordingly, his personal appearance is exempted only for today.

Summons to witness Hem Raj received back with the report that he has left the address. Issue summons to witnesses Yasin and Hemraj through IO concerned for NDOH.

Also issue notice to IO to appear personally on NDOH. List on 09.07.2013 for RPE.

(Sushil Anuj Tyagi) Metropolitan Magistrate Rohini Courts :Delhi 28.03.2013 FIR No. 156/12 PS: Kanjhawla 28.03.2013 File taken up today as 27.03.2013 was holiday on the eve of Holi . Present: Substitute Ld. APP for State.

Accused with counsel.

Heard on the point of notice. Prima facie case having been made out, notice for offence U/s 279/338 IPC is served upon the accused to which she pleaded not guilty .

Issue notice to IO to appear personally on NDOH and to file the affidavit of formal witness List on 08.07.2013 for PE.

(Sushil Anuj Tyagi) Metropolitan Magistrate Rohini Courts :Delhi 28.03.2013 FIR No. 278/12 PS: Aman Vihar 28.03.2013 File taken up today as 27.03.2013 was holiday on the eve of Holi . Present: Substitute Ld. APP for State.

Accused in person.

Heard on the point of charge. Prima facie case having been made out, charge for offence U/s 33 Delhi Excise Act is framed against the accused to which she pleaded not guilty and claimed trial.

Issue notice to IO to appear personally on NDOH and to file the affidavit of formal witness List on 30.08.2013 for PE.

(Sushil Anuj Tyagi) Metropolitan Magistrate Rohini Courts :Delhi 28.03.2013 FIR No. 107/06 PS: Kanjhawla 28.03.2013 Present: Substitute Ld. APP for State.

Accused Deepak with counsel. Summons to witness Pataso Devi received back with the report that there is no such person. Issue summons to witness Pataso Devi through IO concerned for NDOH.

Also issue notice to IO to appear personally on NDOH. List on 07.08.2013 for RPE.

(Sushil Anuj Tyagi) Metropolitan Magistrate Rohini Courts :Delhi 28.03.2013 FIR No. 3/12 PS: Aman Vihar 28.03.2013 Present: Substitute Ld. APP for State.

IO HC Anand in person.

On application the personal appearance of accused is exempted only for today.

IO is directed to file the age verification report of accused Sumit on NDOH.

List the matter on 03.07.2013 for further proceedings.

(Sushil Anuj Tyagi) Metropolitan Magistrate Rohini Courts :Delhi 28.03.2013 CC No. 129/1/11 PS: Kanjhawla 28.03.2013 Present: Complainant in person.

Accused with counsel.

It is submitted by both the parties that there is likelihood of settlement .

Accordingly, list the matter on 16.05.2013 for further proceedings.

(Sushil Anuj Tyagi) Metropolitan Magistrate Rohini Courts :Delhi 28.03.2013 CC No. Vinod Kumar Vs. Mithlesh Paswan 28.03.2013 File taken up today as 27.03.2013 was holiday on the eve of Holi . Present: Complainant in person.

Complainant submits that he is still not engage his counsel. Adjournment is sought .

List the matter on 10.07.2013 for further proceedings.

(Sushil Anuj Tyagi) Metropolitan Magistrate Rohini Courts :Delhi 28.03.2013 CC No. 378/01/09 PS: Kanjhawla 28.03.2013 File taken up today as 27.03.2013 was holiday on the eve of Holi . Present: Complainant with counsel Sh. J.S.Mann.

CW-2 Sh. Rajender Kumar examined and discharged. On the request of the counsel pre summoning evidence is closed. His statement is recorded separately.

Now to come up for arguments on summoning for 26.04.2013.

(Sushil Anuj Tyagi) Metropolitan Magistrate Rohini Courts :Delhi 28.03.2013 FIR No. 326/08 PS: Aman Vihar 28.03.2013 Present: Substitute Ld. APP for State.

All seven accused with counsel except accused Pappu. Sh. Dharamvir Singh, counsel for accused Pappu submits that he had expired on 07.01.2013. One copy of death certificate is filed on record.

Issue notice to the concerned SHO to verify the death of accused Pappu and file his report on NDOH.

Process be annexed with the photocopy of the death certificate. Witnesses Surender and Gulab Singh are discharged unexamined only for today.

List the matter on 21.08.2013 for RPE.

(Sushil Anuj Tyagi) Metropolitan Magistrate Rohini Courts :Delhi 28.03.2013 FIR No. 101/04 PS: Kanjhawla 28.03.2013 Present: Substitute Ld. APP for State.

Both accused with counsel Sh. Tarun Gehlot. PW 4 Smt. Yashwanti cross-examined and discharged. PW 7 ASI Saroj examined and discharged. List on 09.05.2013 for RPE (Sushil Anuj Tyagi) Metropolitan Magistrate Rohini Courts :Delhi 28.03.2013 FIR No. 124/13 PS: Aman Vihar 28.03.2013 Present: Substitute Ld. APP for State.

Counsel for applicant/accused. The present bail application has been filed on behalf of accused Santosh on the ground that accused was arrested in the present case and he is in judicial custody since 26.03.2013. It is averred that accused has been falsely implicated in the present case Bail application is opposed by the ld. substitute APP for State. Heard on the bail application. Considering the previous involvement of the accused, there is propensity on the part of the accused to commit the crime again. In these circumstances, bail application is dismissed.

Application disposed of accordingly. Copy of order be given to the counsel for accused.

(Sushil Anuj Tyagi) Metropolitan Magistrate Rohini Courts :Delhi 28.03.2013 FIR No. 109/13 PS: Aman Vihar 28.03.2013 Present: Substitute Ld. APP for State.

Counsel for applicant/accused. The present bail application has been filed on behalf of accused Mohit @ Johny on the ground that accused was arrested in the present case and he is in judicial custody since 18.03.2013. It is averred that accused has been falsely implicated in the present case .

Bail application is opposed by the substitute ld. APP for State. Naib Court of PS Aman Vihar submits that there is no previous involvement of the accused except the present case.

Heard. Record perused.

The accused is in detention since 18.03.2013. Considering the facts and circumstances of the case and the fact that there is no previous involvement of the accused in any other case, no fruitful purpose shall be served by keeping the accused behind the bars. Accordingly, accused is admitted on bail on his furnishing personal bond in the sum of Rs. 20,000/- with one surety of the like amount.

Bail application disposed of accordingly.

(Sushil Anuj Tyagi) Metropolitan Magistrate Rohini Courts :Delhi 28.03.2013 CC No. 220/1/12 PS: Aman Vihar 28.03.2013 File taken up on an application filed on behalf of complainant for pre ponement of NDOH.

Present: Counsel for complainant.

Heard.

The present case is already fixed on 11.04.2013 vide order dated 02.03.2013 . Accordingly, the matter is pre poned , Let the case be put up on 11.04.2013 for further proceedings. The NDOH fixed i.e. 24.05.2013 is hereby cancelled.

Copy of order sheet dated 25.03.2013 and of today be sent to the concerned SHO for compliance.

(Sushil Anuj Tyagi) Metropolitan Magistrate Rohini Courts :Delhi 28.03.2013 CC NO.

PS: Aman Vihar Bhupender Singh Vs. Rajiv Kapil 28.03.2013 Statement of complainant Bhupender Singh S/o Late Sh. Avtar Singh Bhatia ON SA :

I tender my affidavit Ex. CW 1/G in pre summoning evidence . I rely upon the documents Ex. CW 1/A to Ex. CW 1/F. I state that there is no other case pending between me and accused in any other Court with respect to the same transaction. My affidavit in this regard is Ex. CW 1/H. I do not press the allegations against the accused u/sec. 420 IPC. I pray that the present case be proceeded u/sec. 138 N.I. Act. only.
RO&AC                                                (Sushil Anuj Tyagi)
                                                 Metropolitan Magistrate
                                                       Rohini Courts :Delhi
                                                          28.03.2013
 CC NO.
PS: Aman Vihar
Bhupender Singh Vs. Rajiv Kapil 28.03.2013 Fresh complaint case received. Let it be checked and registered .

Present : Complainant in person.

Statement of complainant is recorded in pre summoning evidence. Heard. Record perused.

There is prima facie material available on record to summon the accused Rajiv Kapil U/sec. 138 N.I.Act .

Issue summons to accused Rajiv Kapil on filing of PF/RC for 22.05.2013.

(Sushil Anuj Tyagi) Metropolitan Magistrate Rohini Courts :Delhi 28.03.2013 CC No. 203/1/12 PS: Kanjhawla 28.03.2013 Present: None for complainant.

SI Sudhir Rathi in person.

Status report is filed on behalf of SI Rahul. Some more time is sought to file the further status report List on 03.06.2013 for further proceedings.

(Sushil Anuj Tyagi) Metropolitan Magistrate Rohini Courts :Delhi 28.03.2013 CC No. 8/1/12 PS: Aman Vihar 28.03.2013 File taken up today as 27.03.2013 was holiday on the eve of Holi. Present: Complainant with counsel.

Issue notice to the IO and the CAW Cell, to file the action taken report in the present case.

List the matter on 03.07.2013 for further proceedings.

(Sushil Anuj Tyagi) Metropolitan Magistrate Rohini Courts :Delhi 28.03.2013 FIR No. 54/10 PS: Aman Vihar 28.03.2013 Present: Substitute Ld. APP for State.

All accused with counsel.

Today accused Ajay and Kundan have produced their 10 th class certificate showing their date of birth as 25.08.1991 and 30.10.1987 (OSR). The date of commission of offence in the present case is 23.02.2010. As per the record both the accused Ajay and Kundan were major on the date of commission of offence. Accordingly, no further age determination is deemed necessary for accused Ajay and Kundan.

The accused Satish , Ravi and Suresh submitted that they studied in Govt. Primary School, Kirari and accused Navsad submits that he studied up to 5th class in Govt. Primary School, Nithari., IO HC Anil absent despite service. Issue B/W against him for a sum of Rs. 1,000/- for NDOH.

Let age verification report be called from the concerned SHO PS Aman Vihar .

Copy of this order sheet be sent alongwith the process. List the matter on 02.07.2013 for further proceedings.

(Sushil Anuj Tyagi) Metropolitan Magistrate Rohini Courts :Delhi 28.03.2013 FIR No. 298/09 PS: Aman Vihar 28.03.2013 Present: Substitute Ld. APP for State.

Both accused on bail with counsel Sh. Dhirender. Famida Begum in person.

An application for plea bargaining is moved by both the accused persons.

Injured Famida Begum submitted that she is not resides at house no. 357, Block No. 2, Nangloi, Delhi. The mobile no. is 9210327340.

List the matter before ld. Link MM on 04.04.2013.

(Sushil Anuj Tyagi) Metropolitan Magistrate Rohini Courts :Delhi 28.03.2013 FIR No. 27/04 PS: Kanjhawla 28.03.2013 Present: Substitute Ld. APP for State.

Accused with Legal Aid counsel is B.P.Singh. No time left.

List on 10.04.2013 for recording of statement of accused.

(Sushil Anuj Tyagi) Metropolitan Magistrate Rohini Courts :Delhi 28.03.2013 FIR No. 165/10 PS: Aman Vihar 28.03.2013 Present: Substitute Ld. APP for State.

Accused in person.

No PW is present.

PW Shesh Nag and Varun Kumar are absent despite service. Issue B/W against them in the sum of Rs. 1,000/- each for NDOH.

List on 08.07.2013 for RPE (Sushil Anuj Tyagi) Metropolitan Magistrate Rohini Courts :Delhi 28.03.2013 FIR No. 7/12 PS: Aman Vihar 28.03.2013 File taken up today on an application for cancellation of NBW moved on behalf of accused.

Present: Ld. APP for the state.

Accused in person with counsel. Heard.

In view of submissions made, NBW against accused are cancelled subject to penalty of Rs. 100/-.

Penalty amount deposited.

File be put up on date already fixed i.e 23.05.2013 (Sushil Anuj Tyagi) Metropolitan Magistrate Rohini Courts :Delhi 28.03.2013 CC No. 782/1 PS: Kanjhawla 28.03.2013 File taken up today as 27.03.2013 was holiday on the eve of Holi . Present: None.

List on 24.07.2013 for pre summoning evidence.

(Sushil Anuj Tyagi) Metropolitan Magistrate Rohini Courts :Delhi 28.03.2013