(1.) Aggrieved by the order dated 28th November, 2015 passed by the learned Additional Sessions Judge whereby the order dated 22nd June, 2015 passed by the learned Metropolitan Magistrate directing addition of relevant sections pertaining to cognisable offences in the FIR was set aside, the petitioner prefers this petition seeking quashing of the order dated 28th November, 2015 and prays for directions to the Investigating Officer to add the relevant sections, which are made out from a bare reading of the FIR.
(2.) Factual matrix of the present case is that on 16th March, 2015, the petitioner filed a complaint against Respondent No. 1 and his family members with the Crime Against Women (CAW) Cell, Saket, New Delhi seeking registration of FIR for offences punishable under Sections 120B/420/406/376/377/498A/506 IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961. Since the police officials were not registering the FIR, a complaint under Section 200 Cr.P.C. along with an application under Section 156(3) Cr.P.C. was filed by the petitioner on 8th May, 2015 seeking directions to SHO, PS Defence Colony to register the FIR pursuant to the aforesaid complaint. In the action taken report filed by the SHO, PS Defence Colony, it was informed that FIR No. 220/2015 was registered at PS Defence Colony under Sections 498A/406/34 IPC against Respondent No. 1 and his family members on 17th May, 2015 on the complaint of the petitioner made to CAW Cell. On 21st May, 2015, the Petitioner filed another application under Section 156(3) Cr.P.C. seeking directions for addition of offences punishable under Sections 120B/109/420/376/377/504/506 IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961. Vide order dated 22nd June, 2015, the learned Metropolitan Magistrate directed the SHO, PS Vivek Vihar to add the above mentioned sections in the FIR. Relevant extract of the order dated 22nd June, 2015 is as under:
(3.) Aggrieved by the order of the learned Metropolitan Magistrate, dated 22nd June, 2016, Respondent No. 1 filed a revision petition on 13th July, 2015 which was allowed vide the impugned order dated 28th November, 2015. The learned Additional Sessions Judge set aside the order dated 22nd June, 2015 passed by the learned Metropolitan Magistrate clarifying that the same shall not cause any hindrance or barrier in the investigation being conducted by the concerned branch of Delhi Police or to prevent or forbid or debar the police from filing its final report in respect of all such offences, which according to its final investigation, were found to have been committed in this case after conclusion of its investigation. Hence, the present writ petition.