BABBAN GIRI vs STATE NCT OF DELHI AND ANR.

Judgment text excerpt

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on : 07.01.2025 + CRL.M.C. 5556/2024 & CRL.M.A. 21182/2024 BABBAN GIRI ..... Petitioner versus STATE NCT OF DELHI AND ANR. ..... Respondents Advocates who appeared in this case: For the Petitioner : Mr. Biswajit Kumar Patra, Advocate. For the Respondents : Mr. Sunil Kumar Gautam, APP for the State. SI Narender (P.S. Vikaspuri). CORAM HON’BLE MR JUSTICE AMIT MAHAJAN JUDGMENT 1. The present petition is filed, inter alia , praying as under : a) Set aside the Order dated 22.08.2023 in CR/456/2022 titled as Babban Giri Vs State and Anr., as passed by Ld.Additional Session Judge, South-West District, Dwarka Courts, New Delhi; and b) Set aside the Order dated 21.12.2021 passed by the Ld. M.M., South West District, in case titled as Babban Giri Vs. DL-4C-A-6387; and/or Signature Not Verified Signed By:SANJAY KUMAR CRL.M.C. 5556/2024 Page 1 of 9 Signing Date:12.01.2025 18:16:50 c) Pass any other order/direction that this Hon’ble Court may deem fit and necessary in the present circumstances of this case in the interest of justice. 2. Briefly stated, the petitioner alleged that on 02.02.2016, he was assaulted, threatened, and robbed of ₹40,000 while driving to deposit money at an ATM. He contends that the accused, identified as the driver of a car bearing registration number DL-4CA-6387, not only caused damage to his vehicle but also attempted to kill him with a screwdriver. 3. Despite multiple calls to the PCR and filing a formal complaint dated 04.02.2016, the petitioner alleges that the police failed to register an FIR promptly. 4. Subsequently, the application filed by the petitioner under Section 156(3) of the CrPC was dismissed by the learned Metropolitan Magistrate (‘MM’), Dwarka Courts, Delhi by order dated 26.04