Interim Order 3

Order Details: COPY OF ORDER
Pdf Text: SC No. 605/2025
STATE Vs. OMKAR GUPTA & Ors.
FIR No. 75/2017
PS Kalyan Puri
07.05.2026
Pr:- Sh. Vineet Kumar, Ld. Addl. PP for the State.
All three accused persons are present on bail.
Sh. Sourabh, Ld. Proxy counsel (Enroll. No. D/8284/19) for all
accused persons.
Sh. Deepak Ahalawat and Sh. Chirag Verma, Ld. Counsels for
LRs of complainant along with LRs of complainant.
Retired ASI Anurudh and retired ASI Pravendra are present.
SI Deshpal is present.
One deputed IO/SI Dheeraj Gupta is also present and sought
time for filing of status report.
Arguments heard on the application under Section 193(9) BNSS
(earlier 173(8) Cr.P.C) moved on behalf of LRs of the complainant.
Vide this application, LRs of the complainant have essentially
sought directions for further investigation in this case as it is prayed
that serious lapses were committed by the IOs during investigation. It
is argued that blood soaked shirt of the injured was seized by the IO on
15.03.2017, yet the same was not sent to FSL for examination.
Moreover, IO failed to obtain blood sample of the injured and filed the
charge-sheet after more than 8 years of the incident resulting in huge
delay in the trial. The injured had reportedly died on 17.11.2019 and
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lapses on the part of IO had caused serious prejudice to the case of
prosecution.
Suffice it to state, vide order dated 13.06.2025, Ld. CJM
concerned had already flagged the aforesaid issues and issued notice to
DCP concerned for furnishing the report on the lapses made by the
IOs. Separate report of DCP concerned with respect to disciplinary
action against the erring officials had already been taken on record.
Considering the fact that injured Ramesh Chand had already died and
his blood sample cannot be obtained at this stage, no ground for further
investigation is made out as prayed on behalf of LRs of the
complainant. Hence, the present application under Section 193(9)
BNSS moved on behalf of LRs of the complainant stands dismissed.
Arguments on the point of charge heard.
After perusal of record, as also fairly conceded by Ld. Counsels
for accused persons, prima-facie offences under Sections
308/323/506/34 IPC are made out against all the accused persons.
Accordingly, charge is framed against all the accused persons, to
which they pleaded not guilty and claimed trial. The matter be now
fixed for PE.
Put up for PE on 24.09.2026. Summons be issued to PW
Kanhaiya Lal for NDOH. IO as well as MHC(M) along with case
property be also summoned for NDOH.
(Akash Jain)
ASJ-04/East/KKD:
Delhi : 07.05.2026m
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