Order 3

Order Details: COPY OF ORDER
Pdf Text: SC No. 162/2023
State Vs. Ansar
FIR No. 271/2023
PS: Dayal Pur
25.09.2023
Present: Sh. Sobit, Ld. substituted Addl. PP for the State.
Accused produced in JC.
Sh. S. Asif, Ld. Counsel for the accused.
Sh. Amit Kumar, proxy counsel for the complainant.
IO/Insp. Karamveer Singh and Insp. Atul Tyagi,
SHO PS Dayalpur.
The matter is fixed for filing report of FSL, filing
reply to the protest petition filed by the complainant and also for
consideration on the charge. IO, SHO, ACP and DCP, North-East
were called upon.
Today, on calling the case, accused has been
produced in JC. Ld. Counsel for the accused has appeared. Proxy
counsel for the complainant has also appeared. IO/Insp.
Karamveer Singh and Insp. Atul Tyagi, SHO PS Dayalpur have
appeared. But, the DCP, North-East did not appear. He has sent a
letter for seeking exemption from personal appearance stated
therein that due to exigencies of administrative & official work,
he is unable to appear. So, the DCP, North-East is exempted from
personal appearance for today.
The DCP, North-East has sent reply given by this IO
before him. Today, IO has filed the reply to the protest petition.
Copy thereof has been supplied to the proxy counsel for the
complainant.
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Sh. S. Asif, Advocate has filed vakalatnama on
behalf of the accused and seeks time to file reply to this protest
petition, filed by the counsel for the complainant.
Since, the report of the FSL has not been filed, so,
this court had called to the DCP, North-East.
Today, Insp. Atul Tyagi, SHO PS Dayalpur has filed
the photocopies of DO letters dated 07.06.2023 and 20.09.2023
sent to the FSL, but till date, no tentative date has been given by
the FSL for providing the report of FSL regarding the VISCRA
of the deceased and seeks adjournment. In view of the letter sent
by the DCP, North-East, he is exempted from personal
appearance for today.
IO has told that the VISCERA of the deceased was
deposited in the FSL on dated 25.05.2023. Since, the deceased
had expired on dated 24.03.2023 and the IO did not deposit the
VISCERA of the deceased in the FSL promptly. It was deposited
on dated 25.05.2023. This accused was arrested on dated
25.03.2023, since then, he is behind bars.
This court has asked to the SHO, as to whether, the
Commissioner of Police, Delhi may be requested to obtain the
report of FSL, the SHO has told that this court is left at liberty. In
the given circumstances, since, the accused was arrested on dated
25.03.2023 and till date, the report of FSL regarding the
VISCRA of the deceased has not been filed, so, the
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Commissioner of Police, Delhi is requested to made sincere
efforts for obtaining the report of FSL regarding the VISCRA of
the deceased expeditiously so that, the arguments on the charge
may be heard and charge, if any, may be framed against the
accused.
Ld. Counsel for the accused is requested to file the
reply of the protest petition, at least three days prior to the next
date of hearing and to supply the copy thereof to the complainant
or his counsel, in similar manner.
Accordingly, the matter stands adjourned for filing
the report of FSL regarding the VISCRA of the deceased, filing
reply to the protest petition by the accused and also for hearing
arguments on the charge.
To come upon 06.11.2023. IO is called upon for the
next date of hearing. Attested copy of this order be sent to
the office of the Commissioner of Police, Delhi for
compliance.
(PAWAN KUMAR MATTO)
Addl. Sessions Judge (Special Judge NDPS)
North East/KKD Courts/Delhi/25.09.2023
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