BHAWNA KARIR Vs. STATE

JUDGEMENT

(1.) THIS petition is filed under Section 482 CrPC seeking quashing of FIR No. 370 of 1994, P.S. Tilak Marg. The present petitioner is one of the co- accused in the aforesaid FIR and is facing trial. The case is at the stage of consideration of charges against the accused persons. The main ground seeking quashing of FIR is inordinate delay of 17 years in the Trial Court proceedings.

(2.) THE brief facts necessitating the disposal of the present petition are that the Complainant/ Respondent No.2 was acting in T.V., Films, etc in the course of which, she was contacted by some partners of M/s New Era Agency. Accused Dinesh Sharma and Sandeep Singh introduced themselves to be partners of the said firm. THEy lured the Complainant/ Respondent No. 2 to give her lead roles in serials and good money. Sometime in April 1994, after the Complainant got down at the Mandi House Bus Stop while returning from school accused Dinesh Sharma and Sandeep Singh met the Complainant/ Respondent No. 2 and asked her to accompany them for a photo session urgently. THEy did not allow her to inform her parents about the photo session and assured her that she will get free early. THEreafter she was taken to Bhikaji Cama Place where she was made to sign some documents by accused Anand Seth and the petitioner under threat and duress. THE complainant/ respondent no. 2 was then taken to sainik farms, where she was asked to pose in an indecent and objectionable manner, to which she protested, however under force and threat, she succumbed to their demands. THEreafter she managed to escape and after 15 days she started receiving threatening calls from the accused persons. It is further alleged that the complainant/ respondent no. 2 was also dispossessed of her jewellery comprising of a pair of ear-rings, two rings and bangles by the accused persons. During investigation, the IO seized the July, 94 issue of "Fantasy Magazine" from the possession of accused Rajiv Gautam and the petitioner in which objectionable photographs of the complainant/ respondent no. 2 were published. It is alleged that accused Vicky Bhargava, who is the owner of Fantasy magazine use to purchase photographs of young girls from accused Rajiv Gautam and the petitioner and the young girls were incited, lured and brought in to pose by accused Dinesh Sharma and Sandeep Singh. THE FIR was registered on 16.09.1994 on the complaint of the complainant/ respondent no.2 and thereafter the chargesheet was filed before the Ld. trial court on 03.12.1994 for offences under sections 365/ 380/ 384/ 386/ 292/ 506/ 120-B & 34 IPC and the trial court vide order dated 03.12.1994 was pleased to take cognizance of the offence.

(3.) IN response thereto, both the APP as also the counsel for the petitioner have given the details of the proceedings under the aforementioned three counts. The cause of adjournment at the behest of the accused persons as pointed by the APP is 23 times and as pointed out by learned counsel for the petitioner, it is 21 times. The contribution of the investigating agency and the prosecution as per APP is 43 times and as per counsel for the petitioner is 48 times. The cause of court working as pointed out by APP is 39 times and as per the petitioner, it is 40 times.