SUBHASH Vs. THE STATE (NCT OF DELHI)

JUDGEMENT

(1.) The status report has been filed and perused. The submission of learned counsel for the petitioner is that the petitioner was the first to file a complaint against Rajibir @ Bobby the complainant and the FIR in question (FIR No. 720/2014) was registered subsequently. The FIR lodged by the petitioner being FIR No. 472/14 dated 6.8.2014 is under Sections 451/323 IPC registered at Police Station Keshav Puram. The submission of learned counsel for the petitioner is that there is no evidence to connect the petitioner with the alleged firing upon the complainant which is alleged to have taken place in the night of 1.11.2014 while the complainant was riding his scooter and going towards his house. Learned counsel submits that he has already appeared on two occasions before the investigating officer and has thus joined the investigation. He submits that the petitioner is willing to be subjected to any conditions with regard to his joining the investigation in future as well.

(2.) On the other hand, learned APP submits that the investigation is at the preliminary stage.

(3.) Having heard learned counsels, I direct that in case the investigating officer considers it necessary to arrest the petitioner for his custodial interrogation on the basis of some and valid reasons, the petitioner shall be given at least one week's prior notice in writing. In the mean time, the petitioner shall join the investigation as and when called upon to do so and shall not contact the complainant Rajbir son of Jai Bhagwan or interact with him. The petition stands disposed of.