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Interim Order 3

CNR DLNE02001136202314 Mar 2023
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Interim Order 3 · 14 Mar 2023 · CNR DLNE020011362023

Order Details: COPY OF ORDER
Pdf Text: 16CT Cases109/2023
SHAKIL KHAN AND ORS Vs. SHOAIB AND OTHERS
(Dayal Pur)
14.03.2023
Present: Complainant with Counsel.
IO SI Arvind Gautam in person.
Status report duly forwarded by Addl. DCP (I) received. Case file
perused.
Perusal of case file shows that save and except making a site plan
purportedly at the instance of complainant (which is not witnessed by the
complainant) and depositing the MLC with the concerned hospital, no
investigation has been done by the IO till date despite orders. In fact, perusal of
file shows that no statement of the complainant U/s 161 Cr.P.C has been
recorded by the IO qua preparation of site plan.
Counsel for complainant submits that IO has not even bothered to
contact the complainant despite repeated requests of the complainant.
It appears that neither the IO is investigating the case nor appears
to be sincere in completing the record. The report filed by the DCP is also not
satisfactory as he has simply stated that the concerned ACP has been directed
to monitor the investigation. But, it appears that no attempts are being actually
made by the ACP who actually monitored it, so that the investigation goes to its
logical conclusion. In such circumstances, let Ld. JCP file a report as to what
action is proposed to be taken against the IO for failure to investigate the case
properly. A fresh status report qua the investigation be also called from the
Ld. JCP for 16.03.2023.
Aashish Gupta
ACMM/NE/KKD Courts
14.03.2023
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