Interim Order 9

Order Details: COPY OF ORDER
Pdf Text: 7
SC 87/2024
STATE Vs. OVAIS KHAN @ADIL
FIR No. 133/2021
PS (Darya Ganj)
06.02.2026
Present: Sh. Pankaj Ranga, Learned Addl. PP for the State.
Sh. Jitender Shankar, AR of the complainant.
Ms. Agnees Iqbal, Ld. Counsel for proposed accused
with proposed accused.
Inspector Harjinder Kaur with IO/HC Chhagan Lal
Meena.
Fresh Vakalatnama on behalf of proposed accused is
filed.
Submissions heard.
As per case file, inspection was carried out by the
employees of complainant at premises bearing no. 3418, F/F, Gali
Maliyan, Delhi Gate, Delhi-110002 on 09.10.2019 and during the
said inspection, direct theft of electricity was detected. The FIR was
registered on 03.05.2021 on the complaint which was given to SHO
PS Darya Ganj on 04.02.2020 vide DD No. 67. The investigations
were carried out and report was prepared by HC Chhgan Lal Meena
on 09.01.2024 which was countersigned by Inspector Harjinder
Kaur being the SHO and thereafter the same was forwarded by ACP
Jarnail Singh on 09.01.2024. The report was filed in the court by
HC Chhagan Lal on 03.02.2024 without any application disclosing
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the reasons for delay in its filing. Time was granted to the IO as
prayed for filing the application. Due to non appearance of IO, his
presence was secured through warrants and thereafter he filed the
application seeking condonation of delay in filing the chargesheet
on 21.02.2025.
It is the requirement of the law that delay of each day is
to be sufficiently explained. No application was filed by the Station
House Officer who is under duty to file the final report upon
completion of the investigations before the court which is
competent to take cognizance. Even SHO has not
forwarded/endorsed the application filed by HC Chhgan Lal. In the
application, Head Constable has mentioned that complaint was
marked to him on 28.02.2023 and he completed the investigations.
The IO has not explained the delay on day to day basis.
The AR for the complainant stated that before passing
orders on the application, the complainant be given an opportunity
of submissions. Let the submissions if any, by the complainant be
filed.
The court has been apprised that on 21.06.2016,
Standing Order No. 444/2016 was issued by the Office of Ld.
Commissioner of Police and it was one of the directions in the
Order that the ACsP must personally check the investigation of the
cases to ensure that the same is being promptly and fairly conducted
by the Investigating Officers. It was also directed that the DCP
shall also ensure that investigation is being properly conducted by
the Investigating Officers as well as monitored by the ACsP. It was
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laid down that the Investigating Officer shall endeavor to complete
the investigation within one year.
The copy of the order be sent to the Office of DCP,
Central to forward the same to the police officials who remained
posted as DCP, Central from the date of receiving complaint i.e.
04.02.2020 so that they may also file their representation before the
court about the supervisory/monitoring of the investigations in
compliance of aforesaid Standing Order.
Put up on 28.04.2026 for submissions on the
application seeking condonation of delay in filing the chargesheet.
(Sunil Chaudhary)
Special Judge, Electricity-02,
Central/THC/Delhi/06.02.2026
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