KIRTI VASHISHT Vs. STATE

JUDGEMENT

(1.) Vide the present petition, the petitioner seeks direction thereby directing the respondent no 2 to 4 to close the enquiry initiated vide notices dated 23.08.2019 and 26.08.2019 on complaint dated 26.07.2019 made by respondent no.7 pending before respondent no.3 and 4 i.e. P.S. Kapashera, New Delhi.

(2.) Brief facts of the case are that the respondent no.7/Babita Sharma filed a complaint dated 10.04.2017 bearing D.D No. 65B (hereinafter referred to as 'The First Complaint') against the petitioner alleging forgery before the respondent no.5/S.H.O. P.S. Najafgarh in regard to one plot bearing no. A-108/1, Ragbir Enclave, Virendra Market, Najafgarh, New Delhi- 110043, measuring 100 Sq.Yrds. and on the said complaint, detailed enquiry was conducted by the respondent no.5/S.H.O. P.S. Najafgarh, during which the petitioner was thoroughly enquired and after the said enquiry, the above mentioned complaint was finally closed by the respondent no.5/S.H.O. P.S. Najafgarh vide enquiry report dated 26.03.2018 submitted by concerned I.O. of respondent no. 5/S.H.O. P.S. Najafgarh. The conclusion of the first complaint was never challenged by the Respondent No. 7/Babita Sharma before any court of law or any higher authority till date.

(3.) Further case of the petitioner is that again Respondent No.7/Babita Sharma for the second time filed an exactly same complaint dated 4.08.2018 bearing DD No. 41B (Hereinafter referred to as 'The Second Complaint') alleging the same facts (as alleged in the first complaint) before respondent no.6/S.H.O. P.S. Baba Haridas Nagar, Najafgarh against the petitioner with regard to the same plot. On receipt of the second complaint, the petitioner was duly called for enquiry by the concerned I.O. of respondent no.6/ S.H.O. P.S. Baba Haridas Nagar, Najafgarh, wherein the petitioner explained/informed the I.O. concerned about the closure of the similar complaint(first complaint) on the same set of facts filed by respondent no.7/Babita Sharma before P.S. Najafgarh i.e. respondent no.5 on 26.03.2018. The petitioner, thereafter, was never called for any further enquiry by the concerned I.O of the respondent no.6/S.H.O. P.S. Baba Haridas Nagar, till date.