Final Order 16

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CR No. 16/2024
CNR No.DLCT11-000433-2024
Shiv Kumar Saxena vs State & Ors.
21.01.2025
Hybrid Hearing
Present : Ms. Sowjhanya Shankaran, Ld. Legal Aid Counsel, Ld.
Counsel for the revisionist alongwith revisionist (through
VC).
Mr. Gyan Prakash Ray, Ld. APP for State/respondent No.1.
Mr. Dheeraj Kumar, Ld. Counsel for respondent No.2
(through VC).
Mr. Rajat Bhardwaj, Ld. Counsel for respondent No.3
(through VC).
Vide separate order of even date announced in open court, the
impugned order dated 15.09.2022 is set aside in entirety.
The matter is remanded back to the Ld. Trial Court to decide
the application of the complainant under section 156(3) Cr. PC afresh with
a speaking order on disclosure of a cognizable offence from the allegations
made by the complainant. The Ld. Trial Court shall then decide the
question of directions under section 156(3) Cr. PC or proceeding with the
complaint in the manner of a complaint case.
The complainant is at liberty to cite the relevant case law and
guidelines of the Delhi Police while the Ld. Trial Court is also at liberty to
seek a fresh ATR or other report from the police authorities.
Since the remanding back of the matter is a continuation of
the original complaint under section 200 Cr. PC and application under
section 156(3) Cr. PC filed by the complainant before the Ld. ACMM,
Dwarka Courts, the proceedings before the Ld. MM shall continue under
the Code of Criminal Procedure 1973 in terms of section 531 of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
-- 1 of 2 --
It is noted that vide order dated 29.04.2024, the Hon’ble High
Court of Delhi had transferred the present revision petition from the court
of Ld. ASJ-05, South West District, Dwarka Courts, New Delhi to the
Special designated courts at Rouse Avenue as the respondents in the
petition were the Chief Minister of Delhi, MLA and Councilor
respectively. The Ld. Principal District & Sessions Judge (PC Act) (CBI),
RADC had then assigned the present revision to this court as the
designated court for cases relating to MPs/MLAs.
For reason of the above status of the respondents, the matter, upon
being remanded by this court to the court of the MM, can no longer be heard by
the court of Ld. MM-04, South West, Dwarka Courts, New Delhi where the
impugned order under section 156(3) Cr. PC was passed on 15.09.2022. The
complaint file is liable to be placed before the Ld. CJM, RADC for being
assigned to the designated court of the Ld. ACJM dealing with cases pertaining
to MPs/MLAs.
However, since the Trial Court file was received from the court of
Ld. MM-04, South West, Dwarka Courts, New Delhi, the file shall first be sent
to the said court for appropriate orders and completion of entries by the Court
Ahlmad.
Let a copy of the order in revision be sent to the court of Ld.
MM-04, South West, Dwarka Courts, New Delhi alongwith the TCR.
List before the said court on 27.01.2025.
The present revision petition is accordingly disposed off.
Let the file in revision be consigned to the Record Room.
(Vishal Gogne)
Special Judge (PC Act) CBI-24
(MP/MLA Cases), RADC
New Delhi/21.01.2025
-- 2 of 2 --