SUNIL PANDEY Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The present petition is filed by the Petitioner under Article 226 of the Constitution of India read with Section 482 of the Cr.PC, primarily seeking three reliefs.

(2.) The first relief sought by the Petitioner is for issuance of directions to CBI to enquire into FIR Nos. 337/2007 and 399/2007, both registered with PS Mayur Vihar, Delhi under Sections 376(2)(g)/324/380/452/506/34 IPC and under Section 324 IPC respectively. The second relief is for quashing of the order dated 19.3.2010 passed by the learned ASJ in Sessions Case No. 59/2008 arising out of FIR No. 337/2007. Lastly, the Petitioner has prayed for issuance of directions to Respondent No. 2 or Respondent No. 6 to take appropriate legal action against Respondents No. 2 to 5 and 7 & 8.

(3.) As far as the first relief is concerned, counsel for the State submits that the Petitioner has deliberately withheld material information from the court to the effect that not only have charge sheets been filed in both the FI Rs, i.e., FIR No. 337/2007 and 399/2007, but prosecution evidence has already been recorded and ten witnesses cited by the Petitioner/accused have appeared and deposed. She submits that now the matter is listed before the Sessions Court on 19.1.2011 for recording of further evidence on behalf of the Petitioner. In response, it is stated on behalf of the Petitioner that there is great delay in the proceedings.