Interim Order 1

Order Details: COPY OF ORDER
Pdf Text: CNR No. DLCT11-000984-2026
SC No. 20/26
FIR no. 411/20
State Vs. Mukesh @ Puneet and anr
PS: Narela
18.09.2026
Present: Sh. Neeraj Madhup, Ld. SPP for the State.
Both accused persons produced from JC through
video conferencing.
IO ACP Rakesh Kumar in person.
Perused the record. The FIR in the present matter
was registered in September 2020 and the charge sheet was filed
only on 01.08.2026 i.e. after a gap of almost 6 years. Also the
charge sheet has been filed against two accused persons and it is
informed by Ld. SPP for the State that investigation qua these
accused persons on certain aspects is still pending. Also the
investigation is pending against other accused persons.
Considering the submissions of Ld. SPP for the State, let all the
IOs who investigated the present matter be
summoned to remain present in person on the next date of
hearing along with their explanation, duly forwarded by the Joint
Commissioner of Police, Delhi as to the reason why it took 6
years to investigate the present matter and file the charge sheet
and especially why the investigation is still pending, as informed
by Ld. SPP for the State.
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It is also noteworthy that MCOCA was invoked in
September 2020 and accused persons were arrested only in
February 2026. Further it emerges from the record that accused
persons continued to be involved in other criminal activities
during this period of around 5 and ½ years (till the time of their
arrest after invoking MCOCA). Let details of those cases in
which accused persons were involved/are involved be filed and
the explanation of the IOs who investigated the present matter be
also called, duly forwarded by the Joint Commissioner of Police
along with his comments as to why after invoking MCOCA the
accused persons were not arrested especially when they were
involved in other cases and running in custody.
Enormous delay in investigation and filing of charge
sheets, as is well known, effects the trial immensely as crucial
evidence gets lost and witnesses tend to loose their memory. Also
one of the purpose of invoking MCOCA is to curb organized
crime, however, if the accused persons, despite invoking
MCOCA keep roaming free, are not arrested for the period of 6
years and most importantly keep indulging in criminal activities
then the entire rational behind invoking MCOCA gets frustrated,
is rendered futile.
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Relist the matter for arguments on the point of
charge now on 05.10.2026.
(Gaurav Rao)
Special Exclusive Court 13 (MCOCA)
Rouse Avenue Courts,
New Delhi/18.09.2026
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