Interim Order 4

Order Details: COPY OF ORDER
Pdf Text: Ct Cases 417/2021
SUNWAY INFRASTRUCTURE SERVICES LTD Vs. BANK OF BARODA AND
ORS.
05.02.2022
Present proceedings are conducted through video conferencing via
CISCO Webex interface in view of the order of Hon’ble Delhi High Court
bearing no. 1/RG/DHC/2022 dated 02.01.22.
Present : Sh. Deepak Khosla, Ld counsel for complainant.
The present matter is an application under section 156(3) CrPC.
Ld counsel for complainant while pressing for urgency has relied upon the judgement
of Dr. Rajni Palriwala vs. Dr. D. Mohan (Crl. MC No. 6525 of 2006) by Honourable
High Court of Delhi to submit that there is no need to call for an ATR and the court
shall be well within its rights to pass an order for registration of FIR, if its inclined to
allow the relief, with the direction that it may not be registered in case it has already
been registered by the concerned PS.
Heard. Considered.
While this court agrees with the submission of Ld counsel that there is
no requirement of law to seek an Action Taken Report from the concerned PS as to
why no action was taken upon the complaint filed before it by the complainant, it is
nevertheless wise to enquire if an FIR has already been registered by the concerned
PS, on the facts alleged in the application under section 156(3) CrPC moved before
this court, which would essential render infructuous the relief sought and save the
already burdened system with multiplicity of proceedings.
Accordingly, let a report be called from PS concerned on the limited
point that if any FIR has been registered pursuant to the complaint dated 12.06.2020
made by the complainant company to the SHO concerned for 2 PM today.
In the meanwhile, ld counsel is directed to make his submissions qua his
application upon merits.
Submissions heard.
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Be recalled at 2 PM.
(AMARDEEP KAUR)
M.M.-06/PHC/ND/05.02.2022
At 2 PM
Present : Sh. Deepak Khosla, Ld counsel for complainant.
Report received from PS concerned wherein it has been submitted that
no complaint has ever been lodged by the complainant in the Police Station.
Per contra, ld counsel submits that a complaint dated 12.06.2020 was
sent by way of speed post to the police station and later a complaint was sent to the
DCP concerned on 24.06.2020 pursuant to the inaction of SHO concerned.
Perusal of record shows that the original postal receipts and the tracking
report in regards to the alleged complaint to the SHO concerned is not on record.
Further the complainant has neither annexed any copy of the complaint made to the
DCP concerned nor any submission to this effect has been made in the application
under section 156 (3) CrPC, giving an impression to this court that prior compliance
of section 154(1) and 154(3) CrPC has not been done.
At request, an opportunity is granted to the complainant to place on
record relevant documents in support of the above discussed compliance.
Put up for further proceedings on 03.03.2021
(AMARDEEP KAUR)
M.M.-06/PHC/ND/05.02.2022
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