ROOPDARSHAN PANDEY Vs. STATE OF HARYANA

JUDGEMENT

(1.) Pursuant to the order of this court dtd. 22/11/2021, an affidavit of Sh. Maksood Ahmed, DCP, East Gurugram, dtd. 2/12/2021, has been filed, which is ordered to be taken on record.

(2.) It has next been stated by the DCP that a letter dtd. 24/12/2013, written to the State Bank of India seeking information about certain cheques deposited in its branch as well as regarding the seal of the bank on the challans, and a reply thereto by the State Bank of India (dtd. 1/1/2014), are again not a part of the report submitted under Sec. 173 Cr.P.C. but a part of the police file, with the statement made under Sec. 161 Cr.P.C by the Manager of the State Bank of India in respect of a photocopy of the certificate of credit being handed over to the investigating officer, also not being a part of the report under Sec. 173 Cr.P.C. but a part of the police file.

(3.) The DCP has stated that the affidavit filed by the ACP Sadar, Gurugram, on 16/11/2021, was prepared on the basis of the police file and "the mistake was inadvertent and bona fide" (as regards the ACP stating that they were part of the challan submitted).