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SWARANA KANTA SHARMA
P – Appellant
Versus
State of NCT of Delhi – Respondent
JUDGMENT
Index to the Judgment
Factual Background
Submissions By Both The Parties
Analysis and Findings
i. Mandate of Section 173(2) of Cr.P.C.
ii. Grievance of the Petitioner.
iii. Directions apropos mandate of Section 173(2)(ii) of Cr.P.C.
Swarana Kanta Sharma, J.
1. By way of present petition under Section 482 of the Code of Criminal Procedure, 1973 (`Cr.P.C'), the petitioner seeks quashing/setting aside of order dated 30.11.2022, passed by learned Additional Sessions Judge (FTSC) (RC), Central, Tis Hazari Courts, Delhi (`Trial Court') in FIR No. 0382/2019 for the offence punishable under Section 376 of the Indian Penal Code, 1860 (`IPC') registered at Police Station Nabi Karim, Delhi.
FACTUAL BACKGROUND
2. Briefly stated, the facts of the present case are that the present FIR was registered on 13.11.2019 on the basis of complaint filed by the petitioner wherein she had alleged that accused Rishabh Jain had established physical relations with her several times at various places on the false pretext of marriage. As per the statement of petitioner, the accused had approached her for friendship in March 2015, after which, they used to meet with each other and accused had proposed her for ma
The duty of the investigating officer to communicate the filing of the charge-sheet to the complainant is mandatory under Section 173(2)(ii) of Cr.P.C., and the absence of prescribed mode and manner ....
The informant's right to be heard before a Magistrate is context-dependent, not absolute, and does not invalidate proceedings if not provided.
The judgment emphasized the rights of the informant, the duty of the police to inform the informant about the result of the investigation, and the need for the informant to be heard before the court ....
(1) Merely because list of witnesses was not filed alongwith protest petition, it cannot be said that protest petition cannot be treated as a complaint.(2) Fair, just and proper investigation is esse....
The Magistrate cannot treat a case as a complaint after taking cognizance based on a charge-sheet; further investigation rights lie with the police.
The Magistrate cannot retroactively classify a case as a complaint after taking cognizance based on an investigation report, as further investigations are solely under the police's purview without re....
The FIR is the foundation for investigation, and compliance with Section 154(1) Cr.P.C. can be fulfilled by a complaint to the Commissioner of Police.
The court emphasized the importance of fair and just investigation, clarified the power of further investigation under Section 173(8) of the Code of Criminal Procedure, and highlighted the non-compou....
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