Delhi High Court
Manoj Kumar & Anr. vs State & Anr. on 26 November, 2018
$~8
IN THE HIGH COURT OF DELHI AT NEW DELHI
Decided on:- 26th November, 2018
+ CRL. M.C. 1851/2015
MANOJ KUMAR & ANR. ..... Petitioners
Through: Mr. Abhishek Pratap Singh,
Adv.
versus
STATE & ANR. ..... Respondents
Through: Mr. Amit Ahlawat, APP for the
State.
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
ORDER (ORAL)
1. Anurag Gupta, the younger brother of the second petitioner
Leena Gupta, was married to the second respondent Swati Mishra
(complainant) on 13.12.2011 at Ghaziabad, Uttar Pradesh according to
Hindu Rites and Ceremonies. The first petitioner Manoj Kumar is the
husband of the second petitioner and, therefore, brother-in-law
(Nandoi) to Swati Mishra. On the complaint of Swati Mishra, the
police had registered first information report (FIR) no. 6/2015 on
04.02.2015 involving offences punishable under Sections
406/498A/34 of Indian Penal Code, 1860 (IPC) with police station,
Crime against Women Cell.
2. The petitioners by the present petition invoking Section 482 of
the Code of Criminal Procedure, 1973 (Cr.P.C) prayed for quashing of
the proceedings arising out of the said FIR on the ground that the
authorities in Delhi do not have the territorial jurisdiction. Notice was
given to both the respondents. The second respondent submitted on
29.03.2016, that she did not want to file any formal reply. The first
respondent (State) has submitted status reports in respect of the afore-
mentioned case from time to time.
3. The petition came up before this Court on 06.08.2018 when the
following order was passed:-
"The petition filed in May, 2015 prays for
quashing of the FIR no. 6/2015 of Crime against Women
Cell involving offences punishable under Sections
406/498A/34 of Indian Penal Code, 1860 (IPC)
registered at the instance of the second respondent. The
status report which was submitted on 10.01.2017 by SHO
Crime against Women Cell revealed that a charge-sheet
was submitted on conclusion of investigation on
30.09.2016 wherein only Anurag Gupta (husband of the
second respondent) was sought to be prosecuted, the
names of three other persons including the petitioners
herein having been shown in coloumn no. 12. The case
was at that stage fixed before the Magistrate on
27.11.2017 "for appearance". Neither the counsel for
the petitioners nor the Additional Public Prosecutor nor
the investigating officer, who is present, are aware, if any
order issuing process against the petitioners has been
passed by the Metropolitan Magistrate under Section 204
Cr.P.C. In a matter which has been pending for three
years, one in which charge-sheet was submitted in
September, 2016, appearance by parties in this Court,
without such basic facts being gathered, is unacceptable.
The State will have to pull up its socks and do better in
future.
Be listed on 26th November, 2018 when the
investigating officer shall submit a detailed report as to
the orders which have been passed by the court of
Magistrate and the present status of the proceedings in
the case pending there"
4. Pursuant to the afore-mentioned directions, the SHO of the
police station has submitted an updated status report dated 20.11.2018.
This report reveals that the report under Section 173 Cr.P.C. (charge-
sheet) was presented in the court of Metropolitan Magistrate at
Dwarka Court on 30.09.2016, wherein the prosecution was sought
against the husband Anurag Gupta, and the names of the father-in-law
and the two petitioners have been shown in column no.12. A copy of
the proceedings recorded by the Metropolitan Magistrate in the said
case has been submitted, and indicates that till date the Metropolitan
Magistrate has not passed any summoning order against the
petitioners, the case being listed before the concerned criminal court
for consideration of charge against Anurag Gupta on 28.11.2018.
5. In the above view, the petition at hand does not call for any
directions. The contentions of the petitioners are reserved and may be
agitated before the appropriate forum in accordance with law in the
event of they being summoned as accused.
R.K.GAUBA, J.
NOVEMBER 26, 2018
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