RAJ PRATAP Vs. STATE & ANR

JUDGEMENT

(1.) The present petition filed by the petitioner nos. 1 to 3 namely Raj Pratap @ Manoj Singh s/o Shri Laxmi Narayan, Rakesh Kumar s/o Shri Baldev Ramani and Digamber Vishkarma s/o Shri Bhola Vishkarma respectively against the respondent no.1/ State arrayed as proforma party and the respondent no.2 Mr. Naresh Kumar Mehta, the owner of 'Mehta Medicos' at Shop No.25, Gurunanak Market Block, Greater Kailash Part-1, New Delhi seeks quashing of the FIR No.100/2015 dated 03.03.2015 under Section 408 r/w Section 34 of the Indian Penal Code, 1860, PS Greater Kailash-I at the South East District and the consequent charge sheet pending in the learned Trial Court of the MM-10, Saket which was filed by the State pursuant to order dated 05.02.2015 of the learned MM-10, South East, Saket and an application under Section 156(3) of the Cr.P.C., 1973 filed by the respondent no.2 herein as complainant of CC No.33/1A having been allowed, it having been observed that the facts of the case disclosed the commission of the cognizable offence and the same required detailed investigation by the investigating agency.

(2.) Vide order dated 05.02.2015 in CC No.33/1A, the SHO, PS Greater Kailash-I was directed to register the FIR forthwith under the relevant provisions of law against the alleged persons and investigate the case strictly as per law and also to file the compliance report within one month from the said date. Pursuant to the said order, FIR No.100/2015 dated 03.03.2015 is indicated to have been registered at PS Greater Kailash-I in the South East District of New Delhi. The charge sheet under Section 173 of the Cr.P.C., 1973 dated 28.07.2015 under the signatures of the SHO, PS Greater Kailash-I is indicated to have been filed and the matter was taken up for consideration on 09.09.2015 by the learned MM, South East and vide order dated 19.10.2015, cognizance of the offence since mentioned in the charge sheet was taken with the accused and complainant directed to be summoned for the next date of hearing.

(3.) The charge sheet and the proceedings dated 10.02.2016 of the learned Trial Court indicate that there are four accused persons i.e. the petitioner nos. 1 to 3 namely Raj Pratap @ Manoj Singh s/o Shri Laxmi Narayan, Rakesh Kumar s/o Shri Baldev Ramani and Digamber Vishkarma s/o Shri Bhola Vishkarma and one Sh. Sanjay Kumar. Apparently, the said Sanjay Kumar arrayed as accused in the FIR No.100/2015, PS Greater Kailash-I under Section 408/34 of the Indian Penal Code, 1860, is not a party to the present petition.