MS. INDIRA VATI Vs. STATE OF DELHI

JUDGEMENT

(1.) Both these petitions i.e. Criminal Miscellaneous Case 1944/2017 and Criminal Miscellaneous Case 1949/2017 have been filed under section 482 of the Code of Criminal Procedure, 1973 (in short "the code") read with Article 227 of the Constitution of India to quash the impugned order dated 20.04.2017 passed by Sh. Ramesh Kumar-II, Additional Sessions Judge/SFTC-2 (Central), Tis Hazari Courts (in short "ASJ") in case No.309619/16 vide FIR no. 236/2016 P.S Timarpur under sections 376/420/506/34 IPC. Since both the petitioners have sought quashing of the same impugned order, I find it expedient to dispose of both these petitions by this common judgment.

(2.) After filing of the charge sheet, case was committed to the court of the Sessions Judge. The case was assigned to the ASJ/SFTC-2 Central, Delhi.

(3.) On 28/02/2017 the ASJ ordered to summon the Investigating Officer (in short "IO") for the next date of hearing i.e. 08.03.2017 and fixed the matter for arguments on charge. On 08.03.2017 it was observed by the ASJ that process in respect of the IO was not received back and therefore he issued fresh summon to the concerned IO and also summoned the Incharge of the V-B for 22.03.2017.