Crl.M.C.No.2805/2014

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of Decision: January 14, 2015

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CRL.M.C. 2805/2014

MOBIN KHAN

..... Petitioner

Through:

Mr. Sanjay Kumar, Advocate

versus

MS MOBINA KHAN

..... Respondent

Through:

Mr. Mohammad Farza, Advocate

CORAM:

HON'BLE MR. JUSTICE SUNIL GAUR

JUDGMENT

% (ORAL)

In proceedings under Domestic Violence Act, 2005, petitioner’s

application for summoning SHO PS Dabri and Investigating Officer of a

criminal case i.e. SHO PS Roop Nagar District Anoopshahar, District

Bulandhshahar, Uttar Pradesh as witnesses to prove the Inquiry Report of

5^th December, 2012 stands dismissed by both the courts below.

At the hearing, learned counsel for petitioner had submitted that

from aforesaid Inquiry Report of 5^th December, 2012 it is established that

no incident of alleged beating of respondent-complainant had taken place

on 6^th April, 2008 and it is submitted on behalf of petitioner that

summoning of these two witnesses is essential for just decision of this

case.

Upon hearing, and on perusal of the impugned orders and material

Crl.M.C.No.2805/2014

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on record, I find that both the courts below have rightly opined that

proving of the aforesaid documents does not have any bearing on the

instant case under Domestic Violence Act, 2005.

In the considered opinion of this Court, the impugned orders do not

suffer from any illegality or perversity. There is no substance in this

petition. This petition is accordingly dismissed.

(SUNIL GAUR)

JUDGE

JANUARY 14, 2015

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