W.P.(CRL)--2220/2019. Case: MS. S Vs. STATE (NCT OF DELHI) & ORS. High Court of Delhi (India)
| Case Number | W.P.(CRL)--2220/2019 |
| Citation | NA |
| Judgement Date | August 09, 2019 |
| Court | High Court of Delhi (India) |
$~20
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ Date of Decision: August 09,
% W.P.(CRL.) 2220/2019
MS. S ..... Petitioner
Through Mr. Sougat Mishra, Advocate.
versus
STATE (NCT OF DELHI) & ORS ..... Respondents
Through Mr. Jamal Akhtar, Advocate for
Mr.Rahul Mehra, SC (Crl.).
SI Neelam, PS Timar Pur, North Distt.
CORAM:
HON'BLE MR. JUSTICE A.K.CHAWLA
A.K. CHAWLA, J. (ORAL)
CRL.M.A. 33246/2019
Allowed, subject to just exceptions.
W.P.(CRL) 2220/2019 & CRL.M.A. 33245/2019
By the instant petition, the petitioner seeks to invoke the
ordinary jurisdiction of the Court under Article 226 of the Constitution
India to assail the orders dated 17.12.2018 passed by the ld. MM
the complaint filed by the petitioner under Section 156(3) Cr.P.C. and
W.P.(CRL.) 2220/2019 Page
other order dated 09.04.2019, whereby, the revision preferred against
passed by the ld. MM was dismissed by the ld. Additional Sessions Judge.
2. Concisely, the relevant facts are that the petitioner had filed
application before the ld. MM under Section 156(3) Cr.P.C.
registration of an FIR under Sections 376/354/506 IPC,
commission of the offence under Section 166A IPC. Such complaint,
made some time on or after 16.10.2018. During the course of hearing,
transpires that prior to making such complaint under Section 156(3)
the petitioner had approached the police for the first time only
09.10.2018. On filing such complaint, the ld. MM called for the
taken reports on the complaint made and the police submitted the
dated 25.10.2018, as follows:
“It is submitted that a complaint filed by Ms. Simmi Diwedi d/o Sh. Vijay Kumar Diwedi r/o B-3713/16A, Gali No.110, Sant Nagar Burari, Delhi u/s 156.3 CrPC was received by undersigned on 24/10/18, after that undersigned contacted her on her mobile number given in the complaint twice and she replied that she is her office and can not talk to me, whenever she gets time she contact me. It is therefore requested that some more time may please be given for enquiry. Any further order shall be abide the undersigned.”
Thereafter, another action taken report dated 28.10.2018 came
placed before the ld. MM to the following effect:
“It is submitted that the complainant was tried to contact for the enquiry of the complaint and identification of the place occurrence. But she did not join the enquiry till date. complainant has neither got identified the place of occurrence nor mentioned the clear location/ address of Wazirabad, Delhi.
W.P.(CRL.) 2220/2019 Page
...
To continue reading
Request your trial