State Govt Of Nct Of Delhi vs Poonam & Ors.
2019 Latest Caselaw 1048 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          Date of Order: February 15, 2019

+     CRL.M.C. 1878/2017
      STATE GOVT OF NCT OF DELHI                    .....Petitioner
                      Through: Ms. Neelam Sharma, Additional
                               Pubic Prosecutor for State
                          Versus
       POONAM & ORS                                        .....Respondents
                          Through:     Respondents in person.
      CORAM:
      HON'BLE MR. JUSTICE SUNIL GAUR
                   ORDER

(ORAL) Trial court vide order of 27th August, 2016 (Annexure P-1) has refused to take cognizance of the charge-sheet filed for the offences under Sections 323/341/506/34 of IPC while holding that the prima-facie case under Sections 323/506 of IPC is made out and both offences are non- cognizable. Aforesaid order has been upheld by the Revisional Court vide impugned order of 1st October, 2016.

Learned Additional Public Prosecutor for petitioner-State relies upon decision of a Co-ordinate Bench of this Court in Crl.M.C. 4966/2014 titled as 'Vijay Kumar Wadhawan Vs. State Govt. of NCT of Delhi & Anr., 2015 SCC Online DEL 12454 to submit that for non- cognizable offences, a complaint by a private person is maintainable.

Upon hearing, I find that there is no dispute with aforesaid proposition. Petitioner may apprise to the complainant about it, who may file a private complaint against respondent if she so chooses.

With aforesaid observations, this petition is accordingly disposed of.

Dasti.

(SUNIL GAUR) JUDGE FEBRUARY 15, 2019 p'ma