Darshana Chatterjee vs State Nct Of Delhi & Anr
2026 Latest Caselaw 357 Del

Delhi High Court

Darshana Chatterjee vs State Nct Of Delhi & Anr on 28 January, 2026

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                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          %                                      Date of Decision: 28th January, 2026
                          +      W.P.(CRL) 214/2026 & CRL.M.A. 2020/2026
                                 DARSHANA CHATTERJEE                                .....Petitioner
                                                    Through:     Mr. Puneet Singh Bindra with
                                                                 Mr. Vivek Kadyan and Ms. Charu
                                                                 Modi, Advocates.
                                                    versus

                                 STATE NCT OF DELHI & ANR.               .....Respondents
                                               Through: Mr. Amol Sinha, ASC for State with
                                                         SI Kuldeep PS Mangol Puri.
                                 CORAM:
                                 HON'BLE MR. JUSTICE MANOJ JAIN
                                               J U D G M E N T (oral)

1. On the basis of the complaint made by Mrs. Darshana Chatterjee (petitioner herein), FIR No.478/2025 under Section 420/406 IPC was registered by P.S. Mangol Puri.

2. Investigation is underway.

3. The prime grievance of the petitioner herein is to the effect that investigation is not fair, proper and effective as no steps have been taken to recover the cheated amount and to freeze the bank account in question.

4. Admittedly, as per Sakiri Vasu vs. State of Uttar Pradesh and Others:

(2008) 2 SCC 409, a Magisterial Court can always monitor the investigation.

5. When an application to the abovesaid effect was moved before the learned Trial Court by the petitioner/complainant with the grievance that the cheated amount had yet not been recovered and no steps in the abovesaid direction were taken, the learned Trial Court passed the following order:-

"Present: Sh. Abhi gupta, Ld. APP for the State.

Applicant alongwith counsel.

The status report has been filed by SI Kuldeep. A copy of the same has been supplied to Ld. Counsel for complainant. However, ld counsel for complainant has submitted that no steps have been taken to freezze the bank account of alleged accused persons and to ensure recovery of the alleged cheated amount of Rs. 30 lakhs. Lastly, he has submitted the guidelines as per which the judgment Arnesh Kumar V s. State have not been followed properly.

SI Kuldeep has submitted that he will be filing charge sheet within 02 weeks.

The present application be disposed off. The application be tagged with the main file.

Order be given dasti as prayed."

6. Clearly, the abovesaid order is cursory in nature and no reason, much less a cogent one, has been given while disposing of the application moved by the petitioner/complainant. Merely because charge-sheet was under

preparation, the abovesaid request could not have disregarded.

7. Learned Addl. P.P. for the State appears on advance notice and submits that if given further opportunity, an exhaustive report shall be filed before the learned Trial Court itself.

8. In view of the above assurance, the present petition is disposed of with direction to learned Trial Court to take up the application moved by the complainant and to consider the same afresh in accordance with law.

9. Respondent/State shall also file a comprehensive report with respect to the investigation done and also with respect to steps taken, if any, for freezing the bank account of the alleged accused persons. In case, the learned Trial Court chooses to dismiss the application, this Court expects that reasons, for coming to such conclusion, would be duly recorded and reflected in order.

10. The parties shall, accordingly, appear before the learned Trial Court on 02.02.2026.

11. The petition stands disposed of in aforesaid terms.

12. Pending application also stands disposed of in aforesaid terms.

(MANOJ JAIN) JUDGE JANUARY 28, 2026 st/js