Interim Order 15

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 12 Cr Cases 7738/2021
STATE Vs. KULDEEP SINGH @ MINTU AND ORS.
FIR No. 45 /1995
PS :(Chanakaya Puri)
07.10.2024
Present: Ld. APP for the State.
Proceedings qua Inderjeet Singh already culminated.
Accused Paramjit Singh is PO.
Sh. Devender Bohra, Ld. Counsel for accused Kuldeep
through VC.
Sh. Abhishek Chaudhary along with Ms. Rokosieno Meyase,
Ld. Counsel for accused Kuldeep Singh.
Accused Kuldeep Singh @ Mintu in person.
An application for waiver of cost has been filed.
In view of the application, the cost is reduced to Rs. 2,000/-.
Cost deposited.
Arguments heard.
Ld. Counsel for accused has submitted that there is no piece of
evidence against the accused Kuldeep Singh, the charge-sheet is silent that
on the basis of what evidence accused Kuldeep Singh @ Mintu has been
charge-sheeted in this case. The disclosure statement of accused Paramjit
Singh who is PO in this case is not admissible in the eyes of law. There is
no document on record to show that accused has issued or signed any
document which was given to accused Paramjit Singh for obtaining the visa
from US Embassy.
It is submitted by Ld. APP for the State that accused Kuldeep
Singh @ Mintu has issued a letter on the letterhead of Distt. Youth
Congress (I) Urban Jalandhar wherein he has shown himself as President of
P.T.O
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the said association and because accused Kuldeep Singh @ Mintu was
never apprehended during the investigation hence PO charge-sheet was
filed against him. That is the reason his specimens of handwriting and
signatures along with admitted signatures and handwriting were not taken.
IO/SI Narender Kumar has filed the supplementary charge-sheet against the
accused Kuldeep Singh @ Mintu on 25.08.2023. The supplementary
charge-sheet is filed by the IO/SI Narender only under Section 174-A IPC.
In the supplementary charge-sheet, SI Narender has failed to show on the
basis of what evidence accused has been charge-sheeted for Section
419/420/468/471/511/174/174-A IPC. It is further submitted by Ld. APP
for the State that IO/SI Narender has failed to show how accused Kuldeep
Singh @ Mintu has induced the Embassy and how he had prepared the
forged document including the alleged letter head and when the process
was issued against accused failing which accused was declared
absconder/PO in this case. The supplementary charge-sheet has been
forwarded by then ACP Ms. Shweta K. Sugathan without looking into the
merits of the case and on the basis of what incriminating evidence accused
has been charge-sheeted u/s 419/420/468/471/511/174/174-A IPC.
Submissions heard. Record perused.
Perusal of record reveals that when the initial charge-sheet was
filed the present accused Kuldeep Singh was PO and the present accused
Kuldeep Singh has been apprehended only in the year 2023, to be precise
on 25.08.2023. Perusal reflects that no investigation qua the initial
complaint was ever undertaken by the IO in the main charge-sheet when
the present accused Kuldeep Singh @ Mintu was apprehended.
Accordingly, I find merits in the submissions of Ld. APP as well as
submissions made by Ld. Counsel for accused.
In view of the same, the SHO PS Chanakyapuri be summoned
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for physical appearance along with ACP PS Chanakyapuri with a written
reply qua the present facts.
Let a report be called from the DCP concerned after taking
written replies from IO/SI Narender and the then ACP concerned qua the
investigation undertaken by IO/SI Narender while filing the supplementary
charge-sheet.
Copy of this ordersheet be sent to Worthy Joint CP concerned.
Re-notify for 19.12.2024.
(Animesh Bhaskar Mani Tripathi)
JMFC-02/PHC/New Delhi
07.10.2024
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