NXXXX XXXXX vs STATE(NCT OF DELHI) & ANR. & ORS.

Judgment text excerpt

$~71 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 14.05.2025 + CRL.M.C. 3376/2025 & CRL.M.A. 14854/2025 NXXXX XXXXX .....Petitioner Through: Mr. Shyam Arora, Advocate versus STATE (NCT OF DELHI) & ANR. .....Respondents Through: Mr. Nawal Kishore Jha, APP for State with W/SI Sangam Yadav, PS Mayur Vihar CORAM: JUSTICE GIRISH KATHPALIA JUDGMENT (ORAL) 1. It is considered necessary, so the prayer clause of the present petition is extracted below: “1) Pass appropriate order/direction to the respondent No.1 to conduct a further and fair investigation and take appropriate decisions by law as expeditiously as possible, or transfer the investigation of the complaint to any other independent agency for committing the offence by the Respondent No. 2. 2) To set aside the Impugned Judgement/ Order vide dated 02.12.2024 passed by The Ld. ASJ, Swati Katiyar (Special FTC) East, KKD Courts, New Delhi in Cr. Rev. P. No. 332/23 Under Section 397 of CrPC in FIR No. 209/2023 frivolous and vexatious dismissal of Protest Petition against Police Report Under Section 173, CrPC, 1973. 3) Pass any such other and further relief(s) or order as the Court may deem fit and proper, considering the facts and circumstances of the present case”. CRL.M.C. 3376/2025 Page 1 of 5 pages GIRISH Digitally signed by GIRISH KATHPALIA Signature Not Verified KATHPALIA Date: 2025.05.14 18:00:16 +05'30' Digitally Signed By:RAHUL YADAV Signing Date:14.05.2025 18:34:04 2. At the outset, learned counsel for petitioner submits that he does not press for prayer clause (2). Therefore, prayer clause (2) is dropped. 3. I have heard learned counsel for petitioner. 4. It is the admitted position that on a complaint lodged by the petitioner, FIR No. 209/2023 of PS Mayur Vihar, Phase-I, Delhi for offence under S