Order 6

Order Details: COPY OF ORDER
Pdf Text: 49
SC 322/2024
STATE Vs. MOHD. ANAS
FIR No. 356/2023
PS (Sadar Bazar)
16.04.2026
Present: Sh. Deepak Kumar Jha, Ld. Addl. PP for the
State.
Sh. P. D. Jha, Ld. Counsel for complainant.
Sh. Hitanshu Uttreja, Assistant Manager (Legal) of
complainant company.
Inspector Kanwar Lal Yadav in person.
Inspector Kanwar Lal Yadav is having no submissions
and is stating that IO be summoned for disposal of the application
filed for condonation of delay in filing the report.
As per facts of the case, inspection was carried out on
09.02.2021 at the premises of accused during which theft of
electricity was detected and complaint was given to PS Sadar Bazar
on the same date which was received vide diary no. 93 by Duty
Officer.
FIR was registered on the said complaint on
30.04.2023. The final report was prepared and was signed by
Inspector Kanhaiya Lal Yadav being the SHO of PS Sadar Bazar
and the report was signed by ACP on 21.2.2024. The report was
filed before the court on 16.05.2024 along with the application.
-- 1 of 3 --
..2..
The applicant HC Shankar Kumar by way of
application is requesting to condone the delay and to accept the
challan with the submissions that complaint was marked to him on
30.04.2023. It is submitted by him that due to duty arrangements
and health issues, the investigation could not be completed on time.
As per law, the Officer In-charge of Police Station has
to start the investigation upon registration of an FIR either
personally or through subordinate officer. As per law, the
investigations have to be completed without unnecessary delay and
the Officer In-charge of police station is required to forward the
report in the form prescribed by the State Government to Magistrate
empowered to take cognizance of the offence on a police report.
The Court may make cognizance of an offence after the expiry of
period of limitation, if it is satisfied on the facts and in the
circumstances of the case that the delay has been properly explained
or that it is necessary so to do in the interest of justice.
In the application in hand, the Head Constable Shankar
Kumar is submitting that the investigations could not be completed
due to duty arrangements and health issue. Details of the period
when he was on arrangement duty and when he was not available on
duty due to health issue is not disclosed. If the investigating officer
to whom the investigations were assigned by the Officer In-charge
was not available on the said two grounds for a long period then the
investigations were to be assigned to other available officer. The
grounds mentioned in the application in the absence of details of the
period and the reasons as to why, the investigations were not
-- 2 of 3 --
..3..
assigned to other police official does not appears to be properly
explained at this stage.
Ld. Counsel for complainant seeks opportunity to make
submissions on the application as it is the complainant who is
suffering from the inaction of the police.
As requested, put up on 06.06.2026 for submissions on
the application.
(Sunil Chaudhary)
Special Judge, Electricity-02,
Central/THC/Delhi/16.04.2026
-- 3 of 3 --