Delhi High Court
Smt Nirmala Sharma & Ors vs State & Ors on 9 February, 2016
Author: Suresh Kait
$~19
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment delivered on: 09th February, 2016
+ CRL.M.C. No.5377/2013
SMT NIRMALA SHARMA & ORS ..... Petitioners
Represented by: Mr.Kuldeep Gola, Adv
versus
STATE & ORS ..... Respondents
Represented by: Mr.Ashish Dutta, APP for
the State with SI Bhawani
Shanker, PS Paschim Vihar.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
1. Vide the present petition filed under Section 482 of the Code of
Criminal Procedure, 1973, petitioners seek direction thereby quashing of
FIR No.1077/1998 registered at Police Station Paschim Vihar, Delhi for
the offences punishable under Sections 353/186/34 of the IPC and the
consequential proceedings emanating therefrom against them.
2. As stated in the status report filed by the State on 19.04.2014 before
this Court, aforesaid case was registered on 28.12.1998 on the statement
of respondent No.2 Anil Kumar, Assistant Engineer, DDA on the
allegations that, he along with other staff went to remove the
encroachment from A/5, DDA, Subzi Mandi, Paschim Vihar, Delhi and
while they were removing the encroachment, 4-5 persons along with one
lady who was leading them came there. The said lady instigated them and
upon this, said persons started beating him and obstructed in the discharge
of the official duty. The name of the said lady revealed as Mrs.Nirmala
Sharma, petitioner No.1 and name of the person who had grappled was
revealed as Jamna Prasad.
3. It is further stated that after registration of the FIR, investigation
was carried out by SI Ghan Shyam Meena and upon completion of
investigation, charge sheet was filed against accused persons in the Court
through Road Certificate bearing No.280/21/2000. As per the record
maintained at the police station concerned, the name of petitioner No.1 is
specifically mentioned in the FIR and after completion of the
investigation, charge sheet was filed against all accused persons.
4. After filing of instant petition, the police station has verified and
submitted that the MHC(R) sent the charge sheet through Head Constable
Umed Singh, Naib Court vide aforenoted Road Certificate and entry in
this regard has been entered in the FIR register.
5. As stated in the instant petition that petitioners were never served
with any notice to join the investigation and never arrested in the
aforenoted case. However, on 19.01.2006 when petitioner No.1 had
applied for issuance of Passport to the Regional Passport Office, it was
refused on the ground that there is trial pending against her in afore noted
FIR. Thereafter, the had taken all the steps with police station, learned
Court concerned and the senior officers of the police to know in which
Court, the case is pending and under what provisions of law and stage of
the case, however, petitioners could not get any information from any of
the authorities.
6. Learned counsel for petitioners submits that petitioners are ready to
face the trial of the afore noted case, if pending before any Court,
however, petitioners have already tried their level best, but no case is
pending in any Court of Delhi. In view of above facts, petitioners sought
the quashing of FIR against them.
7. For ascertaining the status of case, petitioners moved an application
before the learned Metropolitan Magistrate (West) to know the status of
the present case FIR. As recorded, vide order dated 01.06.2013 by learned
Metropolitan Magistrate-07, West District, Delhi, that as per the detailed
report from the Additional Commissioner of Police, West District, Delhi
the detailed enquiry had been conducted through ACP, Punjabi Bagh,
Delhi and the DCP (Security) has already been requested to take action
against the Investigating Officer and the Naib Court for their lapses.
8. Be that as it may, almost 17 years have been passed after
registration of the case. As of now, barring the FIR at the police station,
none of the documents of afore noted case either charge sheet or
statements of witnesses are either available with the police or pending in
any Court. Moreover, the petitioners are trying their level best, since
January, 2006 to know the status of the case but no result.
9. In view of above facts of the case, FIR No.1077/1998 registered at
Police Station Paschim Vihar, Delhi for the offences punishable under
Sections 353/186/34 of the IPC and all proceedings emanating therefrom,
are hereby quashed. However, liberty is granted to the State if they are
able to locate or reconstruct the charge sheet and related documents may
get revived the trial after taking requisite steps.
10. In above terms, instant petition is allowed with no order as costs.
SURESH KAIT
(JUDGE)
FEBRUARY 09, 2016
M/jg
