Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
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Triveni Vs. Shakib & Ors.
31.03.2023
This complaint is received in this Court pursuant to
transfer by the order of Ld. Principal District & Sessions Judge-cum-
Special Judge, PC Act, CBI, RADC, Delhi dated 29.03.2023.
Present : Complainant is present in person with counsel
Sh. D.K. Sisodia.
This complaint was initiated on 05.09.2016 before the
Ld. Magistrate. In the title of the complaint sections 182/119/217/
218/219/405 of IPC are mentioned by the complainant. No other
section was mentioned in the title of the complaint. Any how in para
17 there are allegations that ASI Satbir from PS Ambedkar Nagar
allegedly demanded Rs.50,000/- bribe from the complainant.
Besides it, there are allegations under SC/ST Act in para 19 of the
complaint.
Any how, the concerned Magistrate vide order dated
06.12.2016 dismissed the application u/s 156(3) Cr.PC and vide the
same order Ld. MM also ordered that he takes cognizance on the
complaint and the matter was posted for pre summoning evidence.
Thereafter the complainant even preferred a Crl. Rev No. 377/19,
which also came be dismissed by the Sessions Court on 17.10.2019.
Any how from December 2016, when the Ld. MM took cognizance
on the complaint and posted the matter for pre summoning evidence,
till now no evidence has been led by the complainant in pre
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summoning evidence and perusal of the order sheet reveals that it is
the complainant who had been seeking time for pre summoning
evidence repeatedly.
Be that as it may, when there were allegations about offence
under PC Act, Ld. Magistrate could not have entertained this
complaint and he could have not taken cognizance. It is only when
on 16.03.2023 when the file reached the court of Ld.CMM, South
Saket, Delhi this fact about involvement of PC Act offences was
noticed and then this file came to be transferred to this Court through
Ld. Principal District & Sessions Judge- cum-Special Judge, PC Act,
CBI, RADC, Delhi.
The judgment in the case of Anil Kumar & Ors. Vs. M.K.
Aiyappa & Anr., Crl. Appeal No.1590-1591/2013 decided by
Hon'ble Supreme Court on 01.10.2013 is brought to the notice of
the counsel for the complainant. Without sanction u/s 19 of the POC
Act, 1988 for offence u/s 7 of the POC Act, neither the complainant
could have pressed her application u/s 156 (3) Cr.PC nor cognizance
could have been taken, as in a complaint case posting the matter for
pre summoning evidence tantamounts to taking cognizance and the
law in this regard is well settled.
Ld. Counsel for the complainant seeks 15 days time to
take instructions and take proper steps.
Put up on 15.04.2023.
(Dig Vinay Singh)
Special Judge (PC ACT)/ACB-02
Rouse Avenue Courts
New Delhi / 31.03.2023 (k)
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