RAJEEV SAXENA Vs. STATE

JUDGEMENT

(1.) The present petition under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') has been filed seeking the following prayers:

(2.) The facts relevant for adjudication of the present petition are as follows:

(3.) Learned counsel appearing on behalf of the petitioner submits that after passing of the order by learned Coordinate Bench of this Court on 15/9/2015, learned Trial Court had sought status of sanction under Sec. 197 of the Cr.P.C. and the matter was pending for the same. Attention of this Court was drawn to various ordersheets of the learned Trial Court, wherein it was recorded that the matter was being adjourned for awaiting sanction under Sec. 197 of the Cr.P.C.. At the time of passing of the impugned order, the learned Trial Court had again asked for an updated status report with regard to the sanction. The status report dtd. 17/4/2023 authored by SI Kapil Singh, PS Timarpur, Delhi had been placed on record, where again was stated that the sanction under Sec. 197 of the Cr.P.C. is awaited from the concerned Department despite several reminders. Learned counsel appearing on behalf of the petitioner submits that the latter has been facing the agony of the present FIR since 2005 and despite several reminders no sanction under Sec. 197 of the Cr.P.C. has been received. It is further pointed out that as per the status report dtd. 10/11/2023 filed by Insp. Pradeep Kumar, SHO PS Timarpur, in the present petition, it is again stated that despite several reminders to the concerned department no sanction under Sec. 197 of the Cr.P.C. has been received and the last reminder was sent on 1/11/2023. Learned counsel appearing on behalf of the petitioner further draws attention of this Court to a letter No. F.14/39/2007/HG sent by Home General Branch, GNCTD to the Deputy Commissioner of Police (C&T) Branch, wherein a request for withdrawal of the case against the present petitioner was recommended. It is submitted that the stand of the department was clear that the case against the latter deserves to be withdrawn. The said letter was accompanied by comments from Secretary, Department of Women and Child Development recommending the withdrawal of the FIR against the present petitioner.