CRL.M.C. 5211/2023

Page 1 of 13

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IN THE HIGH COURT OF DELHI AT NEW DELHI

%

Reserved on: 22.08.2023

Pronounced on: 04.09.2023

+

CRL.M.C. 5211/2023 & CRL.M.A. 21435/2023

STATE OF NCT OF DELHI

..... Petitioner

Through:

Mr. Sanjay Lao, Standing

Counsel for the State with SI

Rahul, PS Seelampur.

Mr. Laksh Khanna, APP for

the State, Mr. Abhinav Kumar

Arya, Mr. Priyam Agrawal,

Advocates

Mr.

Deepak

Kumar,

Ms.

Dimple Aggarwal, Advocates

for R-4

versus

MOHD. IQBAL GAZI & ORS.

..... Respondents

Through:

Mr. M.N. Dudeja, Mr. Aditya

Mishra, Advocates for R-2

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

JUDGMENT

SWARANA KANTA SHARMA, J.

1.

The present petition under Section 482 of the Code of Criminal

Procedure, 1973 (‘Cr.P.C’) has been filed on behalf of petitioner/State

seeking setting aside a impugned order dated 07.03.2023 passed by

learned Sessions Judge-03, North-East District, Karkardooma Courts,

Digitally Signed

By:ZEENAT PRAVEEN

Signing Date:13.09.2023

11:22:20

Signature Not Verified

CRL.M.C. 5211/2023

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New Delhi (‘Trial Court’) in Sessions Case no. 45052/2015 arising out

of FIR bearing no. 351/2013 registered at Police Station Seelampur,

Delhi for offence punishable under Sections 3(2) and 3(4) of

Maharashtra Control of Organised Crime Act, 1999 (‘MCOCA’) vide

which the learned Trial Court had dismissed application under Section

311 of Cr.P.C. preferred on behalf of the State for summoning and

examining six witnesses.

2.

Briefly stated, the facts of the present case are that the present

FIR was registered on the basis of an application filed under Section 9

of MCOCA, following a complaint by Mohd. Mobin against the

respondents. The complainant had alleged that the respondents had not

only committed serious offences but they were also part of an organised

crime syndicate, engaged in ongoing unlawful activities. Further,

multiple FIRs had been registered against the respondents, with Mohd.

Mobin being a victim in FIR no. 228/2012. On 29.07.2013, the Court of

Special Judge, MCOCA, Karkardooma, Delhi, had allowed the

application, leading to the registration of present FIR bearing no.

351/2013. Thereafter, on 18.04.2015, chargesheet was filed against the

accused Mohd. Iqbal Gazi, with a supplementary chargesheet for

accused Mohd. Jamal being filed on 26.08.2016 before the learned Trial

Court. Charges were framed against respondents for offences

punishable under Sections 3(1), 3(2), 3(3), 3(4) and 3(5) of MCOCA.

3.

On 27.02.2023, the petitioner/State had filed an application under

Section 311 of Cr.P.C. in the present case for summoning and

examining six witnesses being Nodal Officers to prove CDR, CAFF,

and location ID chart of mobile nos. ***591 and ***796, one Md.

Digitally Signed

By:ZEENAT PRAVEEN

Signing Date:13.09.2023

11:22:20

Signature Not Verified

CRL.M.C. 5211/2023

Page 3 of 13

Furkan, one Md. Rizwan, Ahlmad of Court of learned Metropolitan

Magistrate, Karkardooma Courts, Delhi and SI Shailender, IO of case

FIR No. 12/2015, P.S. Seelampur. A list of witnesses for summoning

and examination was also annexed along with the said application

which is as under:

1.Nodal Officer – Aircel with CDR, CAF & Location chart

with respect to Mobile No.***591 (pertaining to Kamaluddin

@Kamal @Bilal) for the from 01.12.2014 to 03.02.2015.

2.Nodal Officer – Vodafone with CDR, CAF & Location Chart

with respect to Mobile No.***791 (pertaining to CRL.M.C.-

5211/2023 12 Jamal @Ranjha) for the period from

20.12.2014 to 12.02.2015.

3.Md. Fukran s/o Faimuddin to depose about his statement

under Section 161 Cr.P.C. in case FIR No.12/15 PS

Seelampur.

4.Md. Rizwan s/o Faimuddin to depose about his statement

under Section 161 Cr.P.C. in case FIR No.12/15 PS

Seelampur.

5.Ahlmad of Court of Sh. Vipul Sandwar learned Metropolitan

Magistrate, Karkardooma, Delhi with original file containing

statements under Section 161 Cr.P.C