O R D E R

% 29.10.2013 CRL.M.A.14181/2013

1. Application stands dismissed as not pressed.

W.P.(CRL) 444/2013.

2. Present writ petition has been filed by the petitioner, which is an NGO, under Article 226 of the Constitution of India read with Section 482 Cr.P.C., inter alia, praying that investigation be conducted by an independent Government agency along with a senior officer of Deputy Commissioner of Police level from Crime Branch, Delhi Police, under the supervision of the High Court. The petitioner seeks a direction to set aside the order dated 23.2.2013 passed by learned Additional Sessions Judge in Session Case No.43/2013 by which it was directed that an investigation be carried out by an officer not less than the rank of Inspector.

3. The prayer made in this petition was duly considered by this Court. In the order dated 20.3.2013 it was observed by this Court that the counsel for the petitioner did not have any objection with respect to an enquiry being conducted, as directed by the learned Additional Sessions Judge, but prayed that the enquiry should be held in a fair and impartial manner and that too by some high official of the crime branch, who is entrusted with the job of looking after the Anti-Human Trafficking Wing of the Crime Branch. Consequent to this submission, an order was passed for conducting an enquiry. Relevant portion of the order dated 20.3.2013 reads as under:

“As per the petitioners, they have no grievance with setting up of an enquiry against them but the only grievance is that such an enquiry should be conducted by the DCP (Crime Branch) who is in-charge of human trafficking cell and not by the District Investigation Unit and that too at the level of Inspector. Considering the fact that the concern of the learned trial court was to find out the truth and more particularly the fact, whether the petitioners have in any manner misused and abused the process of law in compelling and intimidating the prosecutrix to falsely implicate Mr. Rajan Sahni, therefore, without interfering with the observations made by the learned trial court in the impugned order, this court is inclined to modify the said order only to the extent of directing the investigation to be conducted by the DCP(Crime Branch) who is in- charge of anti-human trafficking unit. It is also directed that the investigation to be conducted by the said DCP shall be monitored by the concerned Joint Commissioner of Police, Crime Branch. The concerned DCP if feels appropriate may also take the assistance of National Commission for Protection of Child Rights and also take into consideration the complaint dated 10.11.2012 made by the petitioner NGO to the SHO, P.S. Punjabi Bagh, wherein the petitioner NGO has levelled the allegations against some police officials and private persons pressuring the aunt of the victim and offering money for closing the said case.

The report shall be filed by the concerned DCP within a period of three months from the date of this order before the concerned trial court. With the above directions, the present petition stands disposed of.

It is ordered accordingly.”

4. The enquiry was conducted and after seeking one extension a final report was to be submitted by the concerned DCP within a period of three months before the concerned trial court.

5. In the order dated 31.7.2013 the Additional Sessions Judge has observed that she was not inclined to consider the final report as there was gross violation of the order passed by the Delhi High Court and the matter was sent to the Delhi High Court for taking further action in the matter. The learned trial court has further observed that the sealed envelope containing the final report shows that the I.O. has been mentioned as ACP Vijay Kumar Dham, however, the report has been forwarded by Sh. Gyanesh, Additional DCP; five files were annexed along with the final report; and on perusal of the final report filed on behalf of the Crime Branch the trial court found that not a single document