Muthuvel Palani M. vs C Angala Eswari & Ors
2018 Latest Caselaw 244 Del

$~25
*       IN THE HIGH COURT OF DELHI AT NEW DELHI
                          DECIDED ON : JANUARY 10, 2018

+              W.P.(CRL) 79/2018 & Crl.M.A.Nos.459-60/2018

       MUTHUVEL PALANI M.                                   ..... Petitioner

                    Through :     Petitioner present in person.

                         versus

       C ANGALA ESWARI & ORS                         ..... Respondents

                    Through :     Mr.Rahul Mehra, Standing Counsel
                                  with Mr.Jamal Akhtar and
                                  Mr.Chaitanya Gossain.
                                  Mr.Sandeep Kumar, PS Kalyan Puri.
       CORAM:
       HON'BLE MR. JUSTICE S.P.GARG

S.P.GARG, J. (ORAL)

1. Present Writ Petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C. has been filed by the petitioner for issuance of directions to the respondent No.4 to lodge FIR against the respondents.

2. I have heard the petitioner in person and have examined the file. The proceedings are pending before the Trial Court on the application filed by the petitioner under Section 156 (3) Cr.P.C. The Trial Court has called for the status report from the Investigating Officer. The complaint case was received on 8.9.2017 and was listed for consideration on 13.09.2017. On 13.09.2017, the Trial Court called

ATR report from the SHO, Police Station Tilak Nagar. The complainant was directed to supply the copy of the paper book to the concerned Naib Court of Police Station Tilak Marg. On 26.09.2017, the file was taken up on the application moved by the complainant for early hearing which was adjourned to 26.10.2017. The complainant did not appear that day before the court and the matter was adjourned to 19.03.2018. Apparently no adverse orders have been passed against the complainant giving rise to the filing of the present writ petition. The petitioner did not furnish any plausible reasons for its absence before the Trial Court on 26.10.2017 though the application was filed by him for early hearing.

3. It is relevant to note that earlier also almost similar complaint was filed by the petitioner before the Presiding Officer at Karkardooma Courts. Order dated 21.07.2017 reveals that the Trial Court did not consider it a fit case to lodge FIR under Section 156(3) Cr.P.C.; it was dismissed. The case was listed for pre-summoning evidence under Section 200 Cr.P.C. on 13.11.2017. It is informed that the petitioner has filed a revision petition against the said order.

4. Considering the above facts and circumstances of the case, this Court finds no merit in the present writ petition and it is dismissed.

5. All pending applications also stand disposed of.

6. Copy of the order be sent to the court concerned for information.

S.P.GARG (JUDGE) JANUARY 10, 2018/sa