Order 5

Order Details: COPY OF ORDER
Pdf Text: Ct. Cases / 191/2025
Soniya Sharma Vs. State /0
PS:(Darya Ganj)
08.08.2025
Proceedings are being conducted through hybrid mode. Undersigned
is also working as Duty JMFC for today.
Present: Sh. Abhinav Sekhri, Ld. Counsel for applicant/accused.
Ld. APP for the State.
The present application under Section 175(3) of the
Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf
of the applicant/accused Smt. Soniya Sharma seeking certain
directions in respect of the investigation in FIR No. 96/2024, PS
Daryaganj.
This Court had, on the previous date, issued notice to the
State on the limited aspect as to whether such an application is
maintainable at the instance of an accused. Pursuant thereto,
submissions from the Ld. APP for the State as well as from the Ld.
Counsel for the applicant/accused have been heard today.
During the course of submissions, the Ld. APP for the
State fairly stated that although there is no absolute or specific
statutory bar prohibiting an accused from moving the Court seeking
directions to ensure a fair investigation, the investigative process
cannot be dictated or controlled as per the wishes of the accused. This
position was not disputed by the Ld. Counsel for the
applicant/accused, who also accepted that any directions, if considered
necessary, must be within the parameters of law and facts of the case.
In view of the above position, this Court is of the
opinion that the present application is maintainable
stricto sensu.
However, the nature and scope of any directions, if at all warranted,
would necessarily depend upon the facts and circumstances that
emerge in each individual case.
Accordingly, issue notice to the SHO concerned on the
present application with a direction to file reply, if deemed fit. The
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Investigating Officer concerned shall remain present in Court on the
next date of hearing. A copy of this application be tagged with the
present order.
Put up for further proceedings on 08.10.2025.
Order be uploaded as per rules.
(Dr. Raj Kumar Singh)
Judicial Magistrate First Class-05/Central
Delhi/08.08.2025
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