Interim Order 16

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 4 SC No.156/2023
STATE v. SANTOSH SAINI
FIR No.1063/2022
PS Subhash Palace
09.10.2026
Regular Ld. Addl. PP for the State is on leave today.
Present : Dr. Raj Rani, Ld. Subst. Addl. P.P. for the State.
Accused is absent.
Sh. Tribind Kumar, Ld. Counsel for accused.
1. On the last date of hearing i.e. 17.07.2026, the IO SI
Parveen had undertaken to file a supplementary charge sheet qua
six additional accused persons during the course of the day itself.
2. The aforesaid supplementary charge sheet has not been
filed till date. Even, the IO SI Parveen has failed to appear before
this Court today.
3. Here, the manner in which the SHO and IO concerned are
handling the further investigation needs to be brought into the
notice of the higher police authorities:
(a) The charge sheet against one accused, Santosh Saini for
offences punishable under Sections 307/109/34 of the IPC
and Sections 25/27 of the Arms Act was filed on
04.02.2023.
(b) Ld. Magistrate vide the Order dt. 06.02.2023 committed
the case to the Sessions Court as the offense under Section
307 of the IPC is triable by the Sessions Court.
(c) The charge sheet upon committal of the case was assigned
to this Court on 08.02.2023.
(d) Ld. Predecessor Judge, while hearing the arguments upon
the charges, in Order dt.02.08.2023, observed that the main
accused, Demon, was not even arrested. The matter was
therefore brought into the notice of the SHO concerned.
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(e) On the next date of hearing i.e. 27.10.2023, the SHO
concerned sought some time for filing supplementary
charge sheet.
(f) However, as the police failed to file the supplementary
charge sheet, Ld. Predecessor, vide Order dt.27.08.2024,
framed charges against the sole accused, Santosh Saini.
(g) Vide Order dt.17.05.2025, the SHO concerned was issued
a notice for getting the supplementary charge sheet against
the other accused persons to be filed at the earliest.
(h) On the next date of hearing i.e. 06.09.2025, the SHO
concerned sought further time for filing supplementary
charge sheet, which was granted.
(i) This Court vide subsequent Orders dt.26.11.2025,
11.02.2026 and 25.04.2026, directed the IO to file
supplementary charge sheet upon his request.
(j) On the last date of hearing i.e. 17.07.2026, as stated earlier,
the IO had undertaken that he would file the charge sheet
during the course of the day.
4. From the above, it is clear that since the date of FIR i.e.
06.11.2022, almost four years are going to expire, however,
further investigation has not been completed till date. Further
investigation can not be continued indefinitely. The present case
involves allegation of commission of offence attempt to murder,
among other offences. The prolonged pendency of investigation,
in the absence of any satisfactory explanation, is a matter of
serious concern.
5. In view of above, let a copy of this Order be marked to O/o
DCP concerned with direction to file a detailed status report on
the following points:
(i) The specific steps taken in further investigation till date;
(ii) The reasons for the failure to conclude the further
investigation for approximately last four years;
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(iii) the specific investigative steps, if any, which remain to be
undertaken;
(iv) the proposed time framed for concluding the further
investigation and submitting an appropriate report in
accordance with law.
6. The O/o DCP concerned may also examine whether the
delay is attributable to any lapse or dereliction of duty and
indicate the action, if any, warranted in accordance with law. The
aforesaid report be filed on or before the NDOH.
7. Let the IO and SHO be also summoned through the
O/o DCP concerned for the next date of hearing.
8. Be put up for aforesaid purpose and for further
proceedings on 02.11.2026.
(Sachin Mittal)
ASJ-03, District North-West,
Rohini Courts, Delhi
09.10.2026
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