Order 6

Order Details: COPY OF ORDER
Pdf Text: 60
SC 515/2024
STATE Vs. SUMITRA
FIR No. 389/2020
PS (Anand Parbat)
25.04.2026
Present: Sh. Deepak Kumar Jha, Ld. Addl. PP for the
State.
Sh. Jitender Shankar, AR of the complainant.
None for investigating agency.
ACP Deepak Chandna has not appeared despite service
of notice to appear to assist for adjudication of application seeking
condonation of delay.
Submissions on the application seeking condonation of
delay in filing the chargesheet are heard on behalf of prosecution
and complainant.
The case was registered on 30.12.2020 on the
complaint given by the employee of the complainant company to
the police on 22.09.2020 alleging detection of theft of electricity
during the inspection carried out on 11.03.2020. The report was
signed by ACP on 24.03.2022 and same was filed in the court by
ASI Ashok Kumar Meena on 03.08.2024.
It is submitted by the AR of complainant that as the
complaint was given to the police within prescribed limitation
period, the report filed before the court can be considered as filed
within prescribed limitation period. Reliance is placed upon case of
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Roma Ahuja Vs State & Ors, 2026 INSC 336 in support of his
submission.
After going through the judgment of Roma Ahuja as
relied upon, I found myself agree with the contention of the AR of
complainant that cognizance can be taken by the court on the report
and same is not beyond prescribed period of limitation.
However, the conduct in taking action on the complaint
by the police is not prompt. The final report has not been filed
promptly upon completion of the investigation.
When the report was filed on 03.08.2024, it was
observed by the Ld. Predecessor of this Court that original
documents are not on record. The original documents have not been
filed by the investigating agency so far. The original document and
the statement of witnesses recorded during the investigations in
original is required to take the cognizance of the offence on the
report.
AR of complainant has filed an application, praying for
directions to police for further investigations.
Considering the facts, let notice be issued to SHO PS
concerned for filing its reply through Office of DCP concerned, for
10.07.2026.
(Sunil Chaudhary)
Special Judge, Electricity-02,
Central/THC/Delhi/25.04.2026
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