FIR No. 193/11PS : Crime BranchState Vs. Hasnova Mardona
02.07.2016
Present: Ld. APP for the State.
Accused Alimona Dildora, Alaea Sadakot, Murtazaeva Zebo
and Zulayals are PO vide order dated 06.10.2015.
Accused Saira Abdulla is PO vide order dated 30.05.2016.
Accused Hujaeva Sharofat is convicted vide her plea of guilt
dated 30.05.2016.
Accused Hasanova Mardona is absent despite calls. Her
B/B/S/Bs are forfeited. NBWs be issued against her and notice to her
surety for 06.09.2016.
(SATISH KUMAR ARORA) CMM/SE/Saket Courts New Delhi/02.07.2016
FIR No. 216/03PS : Lodhi Colony (Crime Branch)State Vs. Tek Chand etc
30.05.2016
Statement of Process Server HC Mahipal Singh, No. 90EOW, Mandir Marg, New Delhi.On SA
I am posted at EOW, Mandir Marg, New Delhi. In the present case,
I received process U/s. 82 Cr.PC to be executed against accused Jaipal Singh
Gandhi S/o Sh. Tej Bhan Gandhi, r/o 16/27, Sector15, Rohini, New Delhi. For the
execution of abovesaid process, I reached at the abovementioned address on
03.07.2015. On the abovesaid given address of accused I met with one person
namely Kartik S/o Sh. SAnjay Koda who informed me that his father bought
abovesaid house from accused Jaipal Singh Gandhi 02 years back and he is not
aware of the whereabouts of the accused Jaipal Singh Gandhi. I also inquired in
the neighbourhood about accused but could not gather any information about
him. Despite my best efforts whereabouts of accused Jaipal Singh Gandhi could
not be traced out. I had pasted one copy of the process u/s 82 Cr.P.C at the main
gate of abovementioned house/last known address of the accused. I also got
Munadi of the accused done in his given locality. I had also affixed copy of the
process u/s 82 Cr.P.C at the notice board of concerned Court on 01.07.2015. In this
regard my detailed report is Ex. CW1/A which bears my signature at point A and
my report is correct. During my visit as abovesaid I also could not found any
movable or immovable property of accused Jaipal Singh Gandhi at the
abovementioned given address or in any other locality.
In the present case, I also received process U/s. 82 Cr.PC to be
executed against accused Sheesh Ram Gurjar S/o Sh. Johri Ram, r/o Village
Contd...........2
2
FIR No. 216/03, PS : Lodhi Colony (Crime Branch) ,State Vs. Tek Chand
Bansa Pahari PS Behror, District Alwar, Rajasthan. For the execution of
abovesaid process, I reached at the abovementioned address on 10.07.2015. On
the abovesaid given address of accused I met with Johri Ram, father of accused
Sheesh Ram Gurjar who informed me that his son Sheesh Ram Gurjar was not
residing with him for last several years and he is not aware of whereabout of his
son Sheesh Ram Gurjar. I also inquired in the neighbourhood about accused but
could not gather any information about him. Despite my best efforts whereabouts
of accused Sheesh Ram Gurjar could not be traced out. I had pasted one copy of
the process u/s 82 Cr.P.C at the main gate of abovementioned house/last known
address of the accused. I also got Munadi of the accused done in his given locality.
I had also affixed copy of the process u/s 82 Cr.P.C at the notice board of
concerned Court on 01.07.2015. In this regard my detailed report is Ex. CW1/B
which bears my signature at point A and my report is correct. During my visit as
abovesaid I also could not found any movable or immovable property of accused
Sheesh Ram Gurjar at the abovementioned given address or in any other locality.
In this regard notice of proclaimation u/s 82 Cr.PC against both the
accused i.e Sheesh Ram Gurjar and Jaipal Singh Gandhi has also been
advertised in two daily national newspaper i.e Amar Ujala, New Delhi Hindi
edition dated 01.07.2015, Hindustan Time, New Delhi English edition 01.07.2015
and one local newspaper i.e Rajasthan Patrika, Jaipur edition Hindi newspaper
dated 01.07.2015 which are Ex.A1, A2 and A3 respectively.
RO & AC(SATISH KUMAR ARORA)
CMM/SE/Saket Courts New Delhi/02.07.2016
FIR No. 537/04PS : NFC (EOW)State Vs. Kumar Abhishek & Ors (Today in the matter of Application of accused Saurabh Nath Tiwari)30.05.2016
Statement of Process Server HC Ajeet Singh, No. 51EOW, Mandir Marg, New Delhi.On SA
I am posted at EOW, Mandir Marg, New Delhi. In the present
case, I received process U/s. 82/83 Cr.PC to be executed against accused
Ajit Pal Singh S/o Sh. Jaswant Singh, r/o 5/03, Sanjay Nagar, Jammu,
Jammu & Kashmir. For the execution of abovesaid process, I reached at
the abovementioned address i.e 5/03, Sanjay Nagar, Jammu, Jammu &
Kashmir on 19.04.2016. On the abovesaid given address of accused I met
with one person namely Varinder Singh, stated to be real elder brother of
the accused Ajit Pal Singh. On enquiry about accused Ajit Pal Singh,
Varinder Singh told me that accused Ajit Pal Singh was not residing at the
abovesaid address for last 1213 years and he is not aware of the
whereabouts of the accused Ajit Pal Singh and was also not maintaining
any relationship with accused Ajit Pal Singh. I also inquired in the
neighbourhood about accused but could not gather any information about
accused. I recorded statements of Varinder Singh and one Premjeet Singh
Chahal, r/o30/01, Sanjay Nagar, Jammu, Jammu & Kashmir which is
Ex.CW1/A and Ex.CW1/B respectively. Despite my best efforts
whereabouts of accused Ajit Pal Singh could not be found. Thereafter, I
pasted one copy of the process u/s 82 Cr.P.C at the main gate of
Cond.........2
2
FIR No. 537/04, PS : NFC (EOW), State Vs. Kumar Abhishek & Ors (Today in the matter of Application of accused Saurabh Nath Tiwari)
abovementioned house/last known address of the accused. I also got
Munadi of the accused done in his given locality. Thereafter, I returned
and affixed copy of the process u/s 82 Cr.P.C at the notice board of
concerned Court on 21.04.2016. In this regard my detailed report is Ex.
CW1/C which bears my signature at point A and my report is correct. I
also executed process u/s 83 Cr.PC against accused. On enquiry, I was
informed that the given address of the accused i.e H. No. 5/03, Sanjay
Nagar, Jammu, J & K was purchased in the name of Smt. Prakash Kaur
i.e mother of the accused in year 2000. Accused was disowned by this
family in year 2006. The abovementioned house i.e 5/03, Sanjay Nagar,
Jammu, J & K is still in the name of Smt. Prakash Kaur. I collected copy
of this inheritance deed which is mark A. Copy of sale deed mark B (04
pages). Thus, no movable or immovable property in the name of accused
Ajit Pal Singh could be found at his given address. My detailed report
regarding process u/s 83 Cr.PC is Ex.CW1/D bearing my signature at point
A.
RO & AC(SATISH KUMAR ARORA)
CMM/SE/Saket Courts New Delhi/02.07.2016
FIR No. 537/04PS : NFC (EOW)State Vs. Kumar Abhishek & Ors (Today in the matter of Application of accused Saurabh Nath Tiwari)
02.07.2016
Present: Ld. APP for the State.
IO Inspector Shankar Banerjee in person.
Sh. Devender Khatana, Ld counsel for the accused.
Accused Saurabh Nath Tiwari produced in PC.
Matter today is listed for consideration on the prayer for bail
as made in the application for surrender and bail filed on behalf of accused
S N Tiwari. IO has filed the reply to the bail application. Copy supplied.
Ld defence counsel has submitted that he does not press for the prayer for
bail and it may be dismissed accordingly with liberty to file a fresh bail
application therein stating material grounds concerning the present
accused. In view of the submissions so made at Bar by Ld defence counsel,
the prayer for bail stands dismissed accordingly with liberty as prayed.
Vide separate orders on the application of IO seeking JC
remand of the accused S N Tiwari, accused is remanded to judicial custody
to be produced on 16.07.2016.
At this stage, IO has filed another application making a
prayer for declaring accused Ajit Pal Singh as PO. Heard and perused.
Process u/s 82 Cr.PC has been executed by all prescribed modes including
publication in a national daily newspaper as well as regional newspapers
having circulation in the area where the accused is stated to have last
Contd.........2
2FIR No. 537/04, PS : NFC (EOW), State Vs. Kumar Abhishek & Ors (Today in the matter of Application of accused Saurabh Nath Tiwari)
resided. I am satisfied with the proceedings carried out so far. Statement
of the process server HC Ajeet Singh who is present today is recorded
separately on oath. In view of this, the application of the IO is allowed and
the accused Ajit Pal Singh S/o Sh. Jaswant Singh, r/o 5/03, Sanjay
Nagar, Jammu & Kashmir is hereby declared proclaimed offender.
IO has sought time to file the supplementary chargesheet qua
the accused S N Tiwari and Ajit Pal Singh. Let the needful be done at the
earliest.
Copy of this order be given dasti to the IO.
(SATISH KUMAR ARORA) CMM/SE/Saket Courts New Delhi/02.07.2016
FIR No. 1027/99PS : Lajpat Nagar State Vs. Manuram Chandani etc (Today taken up on the application of accused Inderjeet Singh Bedi)
02.07.2016
File put up today on an application for stay of proceedings u/s 82 Cr.PC against the accused/applicant.
Present: Ld. APP for the State.
Accused/applicant I S Bedi with Ld counsel Ms. M Begum.
Heard and perused. In view of the grounds stated and
submissions made, proceedings u/s 82/83 Cr.PC against the accused are
hereby cancelled with fine of Rs. 2,000/. Fine paid. Accused is ready and
willing to furnish fresh surety. Accordingly, accused is directed to furnish
fresh bail bond in the sum of Rs. 20,000/ with one surety of the like
amount. B/B/S/Bs are furnished and accepted till NDOH i.e 09.08.2016.
IO/SHO concerned to verify the address of accused and surety and the
financial fitness of the surety for the date fixed. Original FDR of Rs.
20,000/ of the surety is retained on record.
(SATISH KUMAR ARORA) CMM/SE/Saket Courts New Delhi/02.07.2016
RC No. 221/2016/E/0015CBI Vs. Vinod Kumar @ Vinod Gautam @ Manni
02.07.2016
Fresh chargesheet filed through Facilitation Centre. It be checked and registered.
Present: Holding IO Inspector Prabhat Sinha for the CBI.
Accused Vinod Kumar @ Vinod Gautam @ Manni produced
from JC.
Sh. Deepak, brother of the accused in person.
A written request of the IO seeking exemption from personal
appearance is filed by the Holding IO. Perused. Allowed.
Matter now to come up for consideration on the chargesheet
for 15.07.2016. IO shall remain present.
(SATISH KUMAR ARORA) CMM/SE/Saket Courts New Delhi/02.07.2016
FIR No. 139/08PS : Greater KailashState Vs. Seema Malhotra etc
02.07.2016
at 2.00 pmPresent: Ld. APP for the State.
Sh. Abhinav Dhingra, Ld. Proxy Counsel for Sh. Ajay Sondhi, Ld counsel
for the complainant.
Accused Pramod with Ld counsel Ms. M Begum who is also appearing for
accused Seema Malhotra and Joginder who are absent today.
Accused Rajni with Ld counsel Sh. Bhagwan Jha.
Accused Nidhi Garg with Ld. Counsel Sh Jinendra Jain also for accused
Vikas Garg who is absent today.
Matter today is listed for appearance of all the accused and for orders on
charge.
Common application seeking exemption from personal appearance of the
accused Seema Malhotra and Joginder is filed. Heard and perused. Allowed for today
only.
On the oral request and submissions of Ld counsel Sh. Jinendra Jain,
absentee accused Vikas Garg is also exempted from his personal appearance for today. Ld
APP has sought time to file the reply to the application u/s 205 r/w s. 317 Cr.PC of
accused Vikas Garg.
Be filed positively within 03 working days from today with copy to the
other side.
No time left for passing order on charge.
Be put up for clarifications, if any/orders on charge for 08.07.2016.
All the accused shall remain present on the date fixed.
(SATISH KUMAR ARORA) CMM/SE/Saket Courts New Delhi/02.07.2016
CC No. 35/01/14Praveen Sharma Vs. Govt. of NCT of Delhi
02.07.2016
Present: Sh. Shailesh Shekhar, Ld proxy counsel for Sh.
Harshwardhan Sharma, Ld counsel for the complainant.
Adjournment sought due to illness of Ld counsel. Allowed as
last opportunity.
Be put up for arguments on summoning on 01.09.2016.
(SATISH KUMAR ARORA) CMM/SE/Saket Courts New Delhi/02.07.2016
CC No. 28/01/16Vivek Mehtrotra Vs. AKME Projects Ltd & Anr
02.07.2016
Present: Complainant Vivek Mahrotra with Ld counsel Ms. Ashu
Arora.
Matter today is listed for consideration/pre summoning
complainant evidence.
Perusal of the file reflects that the complainant has filed a
criminal complaint u/s 200 Cr.PC against the accused persons alleging
therein the commission of offence punishable u/s 406/420/506/120B IPC. I
have perused the complaint and the documents filed therewith.
Cognizance of the complaint is accordingly taken and complainant is
directed to examine himself and his other witnesses as per list filed with
the complaint in pre summoning evidence.
Complainant is examined and discharged as CW1. No other
CW is present or summoned.
Be summoned as per list on PF for pre summoning CE on
18.07.2016.
(SATISH KUMAR ARORA) CMM/SE/Saket Courts New Delhi/02.07.2016
CC No. 66/02/12HITADS P Ltd Vs. M/s Kuber Buildwell Ltd
02.07.2016
Present: Sh. Rishi Sehgal, Ld counsel for the complainant.
Accused P K Sharma with Ld counsel Sh. Mohd. Haaris.
Matter today is listed for further cross examination of
CW1/CE. It is jointly submitted that out of Court talks for settlement are
going on and adjournment sought for the same.
Be put up for settlement, if any/further proceedings for
23.08.2016.
(SATISH KUMAR ARORA) CMM/SE/Saket Courts New Delhi/02.07.2016
FIR No. 187/05PS : HN Din State Vs. Sudhir Kumar Singh etc 02.07.2016
Present: Ld. APP for the State.
Both accused Sudhir Kumar Singh and Sanjay Singh are PO.
PW Amrit Sehgal and PW Vipin Kumar Bansal are absent
despite service of summons. BWs in the sum of Rs. 5,000/ each be issued
against them for PE u/s 299 Cr.PC for 27.08.2016.
(SATISH KUMAR ARORA) CMM/SE/Saket Courts New Delhi/02.07.2016
FIR No. 175/08PS : OIA State Vs. Umesh Roy etc
02.07.2016
Present: Ld. APP for the State.
All accused Umesh, Naresh and Kuldeep present in person.
Complainant/PW Mahesh Kumar Aggarwal present upon
service of summons, however, discharged unexamined as Ld counsel for the
accused persons is stated to be not available due to some personal
difficutly. Complainant is bound down for the NDOH.
Diet money of Rs. 500/ is paid to the witness by the accused
persons.
B/B/S/Bs verification of accused Kuldeep Singh Rawat is
received. Perused. B/B/S/Bs are accepted.
Be put up for PE on 12.08.2016.
(SATISH KUMAR ARORA) CMM/SE/Saket Courts New Delhi/02.07.2016
CC No. 29/14Mrs. Geeta Gandhi Vs. Ashvani Mallik
02.07.2016
Present: Complainant in person.
It appears that complainant has not taken the steps in
summoning the witnesses as per list. One opportunity is given.
Be put up for pre summoning complainant evidence for
01.08.2016.
(SATISH KUMAR ARORA) CMM/SE/Saket Courts New Delhi/02.07.2016
FIR No. 63/10PS : EOW South EastState Vs. Rakesh Verma & Anr
02.07.2016
Present: Ld. APP for the State.
Accused Rakesh and Sidharth with Ld counsel Sh. Sanjay
Srivastav.
Accused Akhil Bhargav with Ld counsel Sh. Vikas Gupta.
IO Inspector Amandeep Sehgal has sent his request to the
notice served upon him. Fresh notice be issued for
consideration/arguments on charge for 17.08.2016.
(SATISH KUMAR ARORA) CMM/SE/Saket Courts New Delhi/02.07.2016
FIR No. 40/08PS : EOW South EastState Vs. B S Dahiya etc02.07.2016
Present: Ld. APP for the State.Accused Vishwas Lamba and Rajni Corda are PO.Accused Harsh Pushkarna with LD counsel Sh. S N Tripathi.Accused B S Dahiya with Ld counsel Ms. Garima Prasad.IO SI Bhagat Ram in person.Complainant Rajesh in person.Matter today is listed for arguments on charge. During the course
of arguments, Ld defence counsel for accused B S Dahiya has submitted that she has been supplied with only one copy of the chargesheet which has been today marked as No. 2 for necessary reference. She has further submitted that even during inspection of the file, she did not find the chargesheet today marked as No. 1 on the record file. IO has been inquired and has submitted that it was owing to the objections raised during checking of the file by the Ld Prosecutor, that he had filed two chargesheet in the matter owing to the present case being a multiple victim matter. In support of his submissions, he has also shown the case dairy where he has so mentioned. Let a copy thereof be placed on record. Copy of the chargesheet no. 1 with the accompanying documents be supplied to both the accused/their Counsels within one week from today against due acknowledgment.
During the course of further arguments, Ld counsel for accused B S Dahiya submitted that in fact the accused was the first complainant in this matter as he lodged a complaint dated 28.09.2007 (much prior in time to the complaint made by complainant Rajesh) with SHO PS Safdarjung Enclave/SHO PS Sarojini Nagar. Copy thereof is placed on record. Time sought to file it in original.
Ld APP has sought time to go through the statements u/s 161 Cr.PC as well as the complaint alleged to have been made by the accused herein. Ld APP has also requested to issue notice to all the victims/affected parties through the IO for necessary assistance. Allowed.
Be put up for further arguments on charge under notice to all the affected parties/victims through the IO with directions to the IO to remain present with the report on 30.08.2016.
(SATISH KUMAR ARORA) CMM/SE/Saket Courts New Delhi/02.07.2016
FIR No. 53/16PS : Sunlight ColonyState Vs. Surender Vashisht 02.07.2016
Present: Ld. APP for the State.
IO HC Trilok Dabbas is absent despite being directed to
remain present with the supplementary chargesheet.
BWs in the sum of Rs. 5,000/ be issued against the IO with
show cause notice u/s 60/122 DP Act for 25.07.2016.
(SATISH KUMAR ARORA) CMM/SE/Saket Courts/New Delhi/02.07.2016
File again taken up at 02.00 pm on the appearance of the IO HC Trilok Singh. Present: Ld APP for the State.
Accused stated to be on police bail.
IO HC Trilok Singh in person.
IO has filed the supplementary chargesheet.
Heard and perused. Cognizance of the offence u/s 3 DPDP Act
r/w s. 201 IPC is accordingly taken.
Now, B/Ws and show cause notice against the IO be not
issued.
Let summons to the accused and notice to his surety be issued
for date already fixed i.e 25.07.2016 and be given dasti to the IO with
directions to remain present with the report.
(SATISH KUMAR ARORA) CMM/SE/Saket Courts/New Delhi/02.07.2016
FIR No. 97/14PS : EOW South EastState Vs. Amrita Mathew
02.07.2016
Present: Ld. APP for the State.
Accused Amrita Mathew not produced from JC.
IO SI Rajneesh in person.
Sh. Keshav Kumar, Ld proxy counsel for the accused.
P/Ws against the accused not received back, however, IO has
submitted that he has received intimation for want of escort police,
accused could not be produced for this day. Fresh P/Ws in terms of
previous order be issued and be given dasti to the IO for 16.07.2016.
(SATISH KUMAR ARORA) CMM/SE/Saket Courts New Delhi/02.07.2016
FIR No. 166/12PS : EOW South EastState Vs. Chandrakant Kanchan Lal Soni etc
02.07.2016
Present: Ld. APP for the State.
Accused Chandrakant is PO.
Accused Sanjay Bacchan is absent,
Sh. Amit Kumar, Ld counsel for the accused.
An application seeking exemption from personal appearance
of the accused is filed. Heard and perused. Allowed for today only.
IO SI Mahender Pratap is absent despite being directed to
remain present with the supplementary chargesheet.
BWs in the sum of Rs. 5,000/ be issued against the IO with
show cause notice u/s 60/122 DP Act for 12.08.2016.
(SATISH KUMAR ARORA) CMM/SE/Saket Courts New Delhi/02.07.2016
FIR No. 44/09PS : Crime Branch South EastState Vs. Cancellation
02.07.2016
Present: Ld. APP for the State.
Complainant P K Sharma with Ld counsel Sh. Mohd. Haaris.
IO Inspector Sunil Kumar has sent his request to the notice
served upon him stating therein that he is on leave till 03.07.2016.
Accordingly, fresh notice be issued to him for consideration/further
proceedings for 20.08.2016.
(SATISH KUMAR ARORA) CMM/SE/Saket Courts New Delhi/02.07.2016
CC No. 312/01/11 ESIC Vs. Sumit Bhalla
02072016
Present: Sh. Abhik, Ld. Counsel for the complainant
Accused Sumit Bhalla with Ld. Counsel
Matter today is listed for appearance of accused / further
proceedings.
An application u/s 265B Cr.P.C. with supporting affidavit of
the accused for plea bargaining is filed by the accused. Heard. The
application with the file is assigned for disposal to Ld. MM, Sh. Arvind
Bansal for 13.07.2016 at 02:00 PM.
Complainant shall file before the Ld. Plea Bargaining Judge
the previous conviction record of the accused in respect of the offence in
question.
(SATISH KUMAR ARORA) Chief Metropolitan Magistrate
South East District / Saket Courts New Delhi/02072016
FIR No. 216/03 PS Lodhi Colony State Vs. Tek Chand
02072016
Present: Learned APP for the State.
Accused Subhash (A1), Yashpal (A2), Ram Kishan (A3),
Uday Singh (A4), Subhash (A5), Birender Singh (A6),
Karan Singh (A7) with Ld. Counsel Sh. A.U. Khan.
Accused Tek Chand (A8), Subhash (A9), Karan Singh (A10),
Yash Pal (A11), Udai Singh (A12), Ram Kishan (A13),
Subhash (A14) and Birender Singh (A15) in person.
Accused Sheesh Ram Gurjar (A16) and Jaipal Singh Gandhi
(A17) are absent / absconding.
IO / Inspector Ashu Girotra in person.
ACP Satvir Singh Duhan with SI Radhey Shyam.
Process Server / HC Mahipal Singh in person.
ACP concerned has been called with respect to the process u/s
82 Cr.P.C. against the accused Sheesh Ram Gurjar and Jaipal Singh
Gandhi. Unconditional apology has been tendered. Concerned ACP is
discharged. Statement of process served HC Mahipal Singh regarding
execution of process u/s 82 Cr.P.C against the above two accused recorded
separately on oath. As no movable / immovable property in the name of
either of the accused was found during execution of process u/s 82 Cr.P.C,
issuance of process u/s 83 Cr.P.C is dispensed with. In view of the reports
given on process u/s 82 Cr.P.C., this Court is satisfied that both the
Cont.....P2
FIR No. 216/03 PS Lodhi Colony State Vs. Tek Chand
:2:
accused Sheesh Ram Gurjar and Jaipal Singh Gandhi have absconded.
Accordingly, accused Sheesh Ram Gurjar, S/o Sh. Johri Ram and accused
Jaipal Singh Gandhi S/o Sh. Tej Bhan Gandhi are hereby declared PO.
Part arguments on charge heard.
Put up for further arguments on charge on 05.08.2016. Fresh
notice be issued to the IO for date fixed.
(SATISH KUMAR ARORA) Chief Metropolitan Magistrate
South East District / Saket Courts New Delhi/02072016
FIR No. 240/2000 PS Chitranjan Park State Vs. Ashwani Kumar Sood & Ors.
02072016
Present: Learned APP for the State
Accused Rajesh Sood is PO.
Accused Ashwani Sood with Ld. Counsel Sh. Baldev Raj.
Accused Sanjeev Sood with Ld. Proxy Counsel Ms. Gargi
Bhatt for Sh. H.S. Bhalla Ld. Cousel for accused.
IO / SI Ravinder Malik in person.
An application for waiver of cost is filed on behalf of the
accused Ashwani Sood with copies of supporting medical documents.
Heard and perused. In view of the grounds stated and the documents filed,
the cost as imposed vide order dated 22.04.2016 stands waived off.
An oral request for waiver of cost is also made on behalf of
accused Sanjeev Sood. In view of the submissions made, the cost as
imposed also stands waived against him.
Matter now to come up for arguments on charge for
12.08.2016. Notice to IO be issued for the date fixed.
(SATISH KUMAR ARORA) Chief Metropolitan Magistrate
South East District / Saket Courts New Delhi/02072016
FIR No. 388/07 PS Chitranjan ParkState Vs. Ashwani Sood
02072016
Present: Learned APP for the State.
Accused Rajesh Sood is PO.
Accused Ashwani Sood with Ld. Counsel Sh. Baldev Raj.
Accused Sanjeev Sood with Ld. Proxy Counsel Ms. Gargi
Bhatt for Sh. H.S. Bhalla Ld. Cousel for accused.
IO / SI Ravinder Malik in person.
An application for waiver of cost is filed on behalf of the
accused Ashwani Sood with copies of supporting medical documents.
Heard and perused. In view of the grounds stated and the documents filed,
the cost as imposed vide order dated 22.04.2016 stands waived off.
Deposit receipt of cost of Rs. 5,000/ in DSLSA, SE, is filed on
behalf of accused Sanjeev Sood.
Matter now to come up for arguments on charge for
12.08.2016. Notice to IO be issued for the date fixed.
(SATISH KUMAR ARORA) Chief Metropolitan Magistrate
South East District / Saket Courts New Delhi/02072016
FIR No. 11/07 PS Greater Kailash State Vs. Moinuddin Qureshi
02072016
Present: Learned APP for the State
Accused absent.
IO / Inspector Ashu Girotra is present.
Sh. Amit Kumar, Ld Proxy Counsel for Sh. Pawan Kumar Ray
Ld. Counsel for accused.
On the oral request and submissions made by the Ld. Proxy
Counsel and in terms of proceedings dated 07.05.2016, accused is exempted
from his personal appearance for today with directions to positively remain
present for arguments on charge on 05.08.2016.
(SATISH KUMAR ARORA) Chief Metropolitan Magistrate
South East District / Saket Courts New Delhi/02072016
FIR No. 116/12 PS EOW (South East)State Vs. Ashok Kumar Rathi & Ors.
02072016
Present: Learned APP for the State
Accused Ashok Kumar Rathi with Ld. Counsel Sh. Vikas
Kumar.
Accused Vijay B. Shethia absent.
Applicant Kunal Rathi in person.
IO / SI Santosh Jha has sent his request to the notice served
upon him.
Applicant / previous surety of accused Ashok Rathi has filed
an application seeking release of the FDR of Rs. 2 Lacs as furnished by
him during the interim bail of accused Ashok Rathi. The application is
kept pending disposal for the next date as the fresh verification report on
the subsequent B/B / S/B furnished by accused Ashok Rathi is yet to be
received.
Notice to IO be issued to remain present with the fresh
verification report of the permanent address of Surety Vikrant Kaushik for
accused Ashok Rathi for NDOH.
As accused Vijay B. Shethia is absent despite repeated calls,
his B/B / S/B are forfeited. NBWs be issued against him with notice to his
surety for 19.08.2016.
(SATISH KUMAR ARORA) Chief Metropolitan Magistrate
South East District / Saket Courts New Delhi/02072016
FIR No. 390/11 PS OIAState Vs. Gulabo @ Meera
02072016
Present: Learned APP for the State
Accused Gulabo @ Meera with Ld. Counsel Sh. S.K. Solanki.
Matter today is listed for recording of statement of accused
u/s 313 Cr.P.C. Same is recorded.
Matter now to come up for final arguments on 18.07.2016 at
02:00 PM.
(SATISH KUMAR ARORA) Chief Metropolitan Magistrate
South East District / Saket Courts New Delhi/02072016
FIR No. 04/09 PS C.R. Park (EOW)State Vs. Cancellation
02072016
Present: Learned APP for the State.
Sh. Nitin Rai Sharma, Ld. Counsel for one of LR's Ms. Dolly
Dhunna, Daughter of deceased complainant.
IO / Inspector Rajinder Kumar is absent despite being bound down,
however, his oral request is received.
Matter is today listed for arguments on the application u/s 302
Cr.P.C. Arguments heard. File perused. The application primarily concerns giving
permission to applicant / LR Dolly Dhunna to be substituted as a complainant for
the purposes of contesting the cancellation report as filed in this matter. The
application has the supporting affidavit of the applicant / said LR and it is an
admitted fact that the complainant G.S. Wadalia has expired and copy of his
death certificate certified by the concerned Registrar is available on record.
Section 302 Cr.P.C. concerns the permission to conduct prosecution
and it lays down that “any Magistrate inquiring into or trying a case may permit
the prosecution to be conducted by any person other then police officer below the
rank of Inspector; but no person, other then the Advocate General or Government
Advocate or a Public Prosecutor or a Assistant Public Prosecutor, shall be entitled
to do so without such permission”.
Admittedly, the present case FIR came to be registered on the
complaint of complainant Gurmeet Singh Wadalia representing himself to be the
Chairman of M/s Vadala Projects Pvt. Ltd.. Investigation was carried out and it
has culminated into the filing of the cancellation report in the matter. In these
given facts and before accepting the cancellation report, the complainant being
Cont.....P2
FIR No. 04/09 PS C.R. Park (EOW)State Vs. Cancellation
:2:
the aggrieved is to be given an opportunity of being heard. Complainant has
admittedly expired and any objections to the cancellation can very well and be
validly raised under permission u/s 302 Cr.P.C. The judgments relied upon by the
Ld. Counsel for the applicant are also applicable to the facts in hands. With these
observations, the application u/s 302 Cr.P.C. stands allowed with directions to the
applicant to file an additional affidavit therein stating that the other surviving
LRs of the deceased complainant have consented for any representation to be
made in this matter qua any objection to the cancellation report, by the applicant
herein for and on behalf of them and as a LR of the deceased complainant.
Ordered accordingly.
Ld. Counsel for the applicant has sought time to file the affidavit
with the protest petition. Copy of the protest petition without the affidavit has
been supplied in advance today to the Ld. APP. Let it be filed within one week
from today and notice then be issued to the IO to remain present with his reply, if
any, for NDOH.
Be put up for consideration on the cancellation report for
22.08.2016.
(SATISH KUMAR ARORA) Chief Metropolitan Magistrate
South East District / Saket Courts New Delhi/02072016
FIR No. 496/03 PS OIAState Vs. Denson Joseph & Anr.
02072016
Present: Learned APP for the State.
Accused Denson Joseph in person
Accused K.K. Joseph exempted through Ld. Counsel vide
order dated 10.10.2014.
IO / SI (now Inspector) Ved Prakash has sent his request to
the notice served upon him.
Notice to complainant Anil Kumar Goyal returned served,
however, his oral request through the Naib Court is received. Fresh notice
be issued to him and to the IO for 16.07.2016.
(SATISH KUMAR ARORA) Chief Metropolitan Magistrate
South East District / Saket Courts New Delhi/02072016
FIR No. 66/12 PS Sun Light Colony State Vs. P.S. Sarna & Ors.
02072016
Present: Learned APP for the State
Sh. Shitij Kumar, Ld. Counsel for the complainant.
Request for exemption from personal appearance of the IO is
received. Perused and considered. Its copy be supplied. Fresh notice be
issued to the IO to remain present with the further status report for
09.09.2016 at 10:00 AM.
(SATISH KUMAR ARORA) Chief Metropolitan Magistrate
South East District / Saket Courts New Delhi/02072016
MCA No. 56/14 Punjab National Bank Vs. M/s Mariners Buildcon India Ltd.
02072016
Present: None for the petitioner Bank.
Sh. Manoj Kumar, Ld. Counsel for the respondent Harjas
Kaur.
Matter today is listed for withdrawal of the present
application / petition by the applicant / petitioner bank. None has appeared
for the Bank despite repeated calls since morning. In view of the
proceedings dated 04.06.2016 and on the submissions of Ld. Counsel for
the respondent Harjas Kaur that an amount of Rs. 5,10,00,000/ has been
deposited with the petitioner bank towards full and final settlement, the
present application / petition stands dismissed accordingly.
File be consigned to Record Room after due compliance.
(SATISH KUMAR ARORA) Chief Metropolitan Magistrate
South East District / Saket Courts New Delhi/02072016