Disposed

Sonia Johar v. Tiie State of Delhi & Ors.

Delhi HC3 Jul 2024W.P.(CRL)/1944/2024

Case brief

AI extract

What is this about?

Coram of Ms. Justice Neena Bansal Krishna disposed of a Criminal Writ Petition and an exempted Criminal Miscellaneous Application. The Court observed regarding alleged delays in investigation due to influence but disposed of the matter allowing subsequent contentions before concerned authority.

What did the court decide?

Allowed the C.M.A. and disposed of the W.P. with liberty to raise contentions.

Sonia Johar Vs Tiie State of Delhi & Ors. — Writ and Judicial Review | Delhi HC (2024)

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$~40

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(CRL) 1944/2024, CRL.M.A18939/2024

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SONIA JOHAR .....Petitioner

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Through: Mr. Arpit Bhalla, Mr. PP Vashistha, Advocates

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versus

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TIIE STATE OF DELHI & ORS. .....Respondents Through: Mr. Sanjeev Bhandari, ASC for the State with SI Preet Dabas PS Mangol Puri

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CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

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O R D E R % 03.07.2024 CRL.M.A. 18938/2024(exemption)

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For the reasons stated therein, the application is allowed.

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The application is accordingly disposed of.

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W.P.(CRL) 1944/2024(under Article 226 of the Constitution of India)

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The present petition has been filed on behalf of the petitioner for transferring of investigation of FIR No.1474/2021 under Section 306/34 IPC read with Section 482 CRPC, PS Mangol Puri to another Police Station. The prayer is made is under:

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(a) to direct the respondent no.l & 3 to hold an inquiry into the conduct of respondent no.2 and his connivance with the accused

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persons

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(b) transfer the investigation of case FIR No.147412021 u/s 306134 I.P.C; registered at Police station Mangol puri to some other police

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station in some other district through some senior high rank police

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/07/2024 at 15:47:37

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officer.

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It is submitted that because the accused is an ex MLA and an influential person, despite the FIR having been registered in 2021 on directions of the learned MM, no investigation has been carried out till date, which clearly points because of the influence of the accused in hampering the investigation.

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Learned ASC on instructions from the IO that essentially the FSL Report is awaited and that the charge sheet shall be filed in the Court within 4 weeks.

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It is also submitted that the concerned SHO has been transferred from the concerned police station which fulfils the first prayer of the petitioner.

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7. Submissions heard

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As stated on behalf of the learned ASC for the State, the charge sheet shall be filed within 4 weeks before the concerned Court without prejudice to the rights and contentions of the petitioner in the present Petition, it is disposed of with liberty to the petitioner to raise these contentions before the concerned authority.

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The Investigation officer submits that the delay is on account of non filing of the FSL Report and undertakes to file the Chargesheet with or without the FSL Report.

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NEENA BANSAL KRISHNA, J

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JULY 3, 2024/PT

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Sonia Johar v. Tiie State of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

Sonia Johar v. Tiie State of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

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