cc no.56/1/11 ps malviya nagar - the judgment...

CC No.56/1/11

PS Malviya Nagar

16.07.2013

Present: Counsel for the complainant is present.

IO is also present. He submits that in the present matter charge

sheet is ready and shall be submitted within a week.

Be listed for clarifications as regards final report for 24.07.2013.

(Chetna Singh)MM02/SD/16.07.2013

Mansoora Vs Badeer & Ors.

PS Malviya Nagar

16.07.2013

Present: None for the complainant.

Matter was listed for ATR however, copy of the complaint has not

been supplied for ATR.

Complainant has not appeared.

Court notice be issued upon the complainant for 29.07.2013.


FIR No. 158/13

PS Malviya Nagar

16.07.2013

Present: None for the state.

Present charge sheet is listed for consideration.

IO is stated to be on leave.

Let him be summoned afresh for clarifications for 23.07.2013.


DD No-61-BPS- Malviya Nagar16.07.2013

Statement of accused Sandeep Dagar S/o Sh. Charan Singh R/o H. No. 212, Shahpur Jat, New Delhi.

On SA.

I am the accused in this case of Police Station Malviya Nagar U/s.

28/112 D.P. Act. I plead guilty voluntarily for the offence U/s 28/112 D.P. Act

without any pressure, threat or coercion from any person. I pray for leniency.

RO & AC (Chetna Singh)MM-02/SD/16.07.2013

IN THE COURT OF MS CHETNA SINGH, METROPOLITAN MAGISTRATE: SOUTH, SAKET: NEW DELHI

CHARGEFIR No. 181/03PS Malviya Nagar

I, Chetna Singh, Metropolitan Magistrate, SOUTH, Saket, New Delhi do

hereby charge you accused Praveen Kumar Sangwan s/o Sh. Raj Kishan

Sangwan as under:-

That on 07.04.2003 at about 6.00pm at H. No. Road Sare Aam, Kalindi

Kunj, Yamuna bridge, New Delhi within the jurisdiction of PS malviya nagar

you committed forgery of RC for the purpose of cheating by producing a fake

registration certificate of car bearing no. HR-10E-4743 allegedly obtained from

Transport Authority, Sonipat, Haryana on 30.06.2002 in the name of Satyapal

s/o Sh. Surender Singh with the dishonest intention and knowledge and

thereby used the forged RC as genuine and also used counterfeit fee with

intention to commit forgery and thereby committed an offence punishable U/s

468/471/472/34 IPC and within cognizance of this court.

And I hereby direct that you be tried by this Court for the above said

offence.

M.M/Saket/New Delhi

16.07.2013

The charge is read over and explained to the accused and he is questioned as follows:

Q. Do you plead guilty or claim trial ?A. I plead not guilty and claim trial.

RO&AC MM-02/Saket/ New Delhi16.07.2013


FIR No. 218/10PS Malviya Nagar

AMENDED CHARGE

I, Chetna Singh, Metropolitan Magistrate, SOUTH, Saket, New Delhi do hereby

charge you accused Mahboob Khan s/o Late Sh. Babu Khan as under:-

That on 28.05.2010 at shop no. 257, Hauz Rani, at about 7.00pm, within the

jurisdiction of PS Malviya Nagar, you committed house trespass by entering into the

aforementioned meat shop belonging to complainant Rafeeq when same was in the

possession of his son Majid and you along with your associates namely Naseem

Begum, Shamim Begum and Salauddin remained there unlawfully with intention to

disposes him from there in furtherance of your common intention and thereby

committed an offence punishable U/s 448/34 IPC and within the cognizance of this

Court.

That it is also in evidence against you that on the same date, time and place

you had entered into the shop of complainant Rafeequddin and you were caught red

handed at the spot while stealing the various articles as per seizure memo mark X and

your were found in possession of the same as per seizure memo which you had stolen

yourself in furtherance of your common intention with your aforementioned associates

or had reason to believe the same to be stolen property and threatened the

complainant with death and thereby committed an offence punishable U/s 380/411/506

Part II/34 IPC and within the cognizance of this Court.

And I hereby direct that you be tried by this Court for the above said offence.

M.M/Saket/New Delhi /16.07.2013

The charge is read over and explained to the accused person and he is questioned as follows:

Q. Do you plead guilty or claim trial ?A. I plead not guilty and claim trial.

RO&AC MM-02/Saket/ New Delhi16.07.2013

FIR No.383/10

PS Malviya Nagar

16.07.2013


Accused with counsel.

Matter is at the stage of arguments of charge.

An application u/s 91 Cr.P.C. was filed on behalf of accused

Devender Kumar for seeking directions to the IO to produce certain documents.

Copy of this application has already been supplied upon Ld. APP for state

however, he is absent today and accordingly, no submissions have been made on

his behalf.

Today another copy of the said application has been filed by the

accused.

Let notice of this application be issued upon the IO.

Copy of this application be sent upon IO.

IO to be present along with report for submissions on this

application for the next date of hearing i.e. 27.08.2013.


FIR No.1045/03

PS Malviya Nagar

16.07.2013


Accused Azhar and Shamsher are PO.

Matter has been compounded qua accused Naeem vide order dated

14.03.2013.

Accused Danish is present.

Today IO was to be examined in this matter, him being last witness

to be examined.

At this stage, an application for plea bargaining has been moved on

behalf of the accused Danish.

In view of the fact stated in the application, file be put up before

Ld. CMM, South for MSD for 20.07.2013.

Accused Danish to appear before Ld. CMM, South for 20.07.2013

at 2.00pm.


FIR No.1236/07

PS Malviya Nagar

16.07.2013



Let PW at serial no. 2, 4 and 5 be summoned for the next date of

hearing i.e. 30.08.2013.


FIR No.746/08

PS Malviya Nagar

16.07.2013


Accused is PO.

Summons upon the complainant through the office of the DCP

received back unexecuted.

In view of the same, no examination u/s 299 Cr.P.C. can be

conducted.

File be consigned to record room to be reopened as and when any clue as

regards accused is found.


FIR No.312/12

PS Malviya Nagar

16.07.2013



Let PW at serial no. 7 and 8 be summoned for the next date of

hearing i.e. 23.09.2013.


CC No.29/1/12

PS Malviya Nagar

16.07.2013


No citation filed.

Be listed for clarifications/arguments on summoning on 27.08.2013.


FIR No.217/12

PS Malviya Nagar

16.07.2013


All four accused with counsel.

Deficient copies have supplied to the accused persons.

Be listed for scrutiny/arguments on charge on 16.09.2013.


Mohit Kumar Vs Vijendra Chauhan & Ors.

PS Malviya Nagar

16.07.2013


Certain clarifications are required on the point of summoning.

Be listed for this purpose on 27.09.2013.


FIR No.442/04

PS Malviya Nagar

16.07.2013


Accused is absent.

Matter is at the stage of PE.

NBW be issued against the accused along with notice upon surety

through the IO for 10.09.2013.


FIR No.161/12

PS Malviya Nagar

16.07.2013


Accused Karan Basvani is absent (Exemption sought on his behalf.

Granted for today only).

Matter listed for arguments on notice.



FIR No.162/12

PS Malviya Nagar

16.07.2013


All the four accused persons are absent.

Matter is at the stage of arguments on charge.

As all the four accused persons are absent. NBW be issued against

them along with notice upon their respective sureties through the IO for

05.09.2013.


FIR No.231/03

PS Malviya Nagar

16.07.2013


Accused Manu Sharma, Yogesh and Praveen are present.

Accused Vikas is absconder.

Matter listed for PE.

Let PW at serial no. 1 be summoned afresh through the IO for the

next date of hearing i.e. 21.10.2013.


FIR No.181/03

PS Malviya Nagar

16.07.2013


Accused Ashik Hussain is PO.

Accused Praveen is present.

Accused Vikas, Yogesh and Manu Sharma have already been

discharged vide order dated 03.10.2011.

Matter listed for framing of charge qua accused Praveen today.

On perusal of the file charge u/s 468/471/472 IPC qua accused

Praveen is made out.

Charge framed.

Be listed for PE with complainant to be summoned for 21.10.2013.


FIR No.218/10

PS Malviya Nagar

16.07.2013


All the accused persons namely Ms Shameem Begum, Naseem

Begum, Salauddin and Mehboob Khan are present.

PW complainant Rafiquddin is also present for PE.

A perusal of the charge sheet reveals that additional charge u/s 506

Part II IPC qua accused Mahboob Khan has required to be made out.

In view of the same, amended charge framed qua accused Mahboob

Khan.

Matter be listed for PE on 18.09.2013.

PW Rafiquddin is bound down for the next date of hearing.


FIR No.548/03

PS Malviya Nagar

16.07.2013


Accused Surender is PO.

Accused Sameer @ Guddu is present on bail.

Matter listed for arguments on charge qua accused Sameer.



FIR No272/13PS Malviya Nagar U/s323/379/411/34 IPC16.07.2013.Present: Ld. Substitute APP for the State.

Accused is stated to be in JC.

Ld. Counsel is present qua accused Sunder Singh @ Sundari

An application for grant of bail of accused Sunder Singh under

section 437 Cr.P.C has been moved on behalf of the accused by Ld. Counsel.

Reply has been filed by the IO, as per which it has been stated

that one boy forcefully pushed the complainant in his cab and took his mobile

phone and purse with the help of other two boys. It is further stated that the

complainant was also hit with iron rod when he resisted and on his raising alarm

the accused persons ran away.

IO has strongly opposed the bail application stating that the co

accused Manish @ Golu is yet to be arrested and weapon of offence i.e. iron

rod and purse are yet to be recovered along with offending vehicle bearing no.

UP17T3343.

Submissions on the bail application made on behalf of the Ld.

Substitute APP for the State and Ld. Counsel for the accused.

Heard.

The allegations made by the complainant clearly reveals the

ingredients of the offence of the robbery are made out however, the IO in the

present matter instead of registering the case u/s 392 IPC has registered the

present case u/s 327/379/411/34 IPC.

2

Considering the grave nature of allegations against the accused, I do not

deem it fit to grant bail to the accused at this stage and accordingly, bail

application is dismissed.

Copy of this order be given dasti to the counsel for the

accused/applicant.

At the same time, SHO be summoned for clarifications as regards

the sections under which the present FIR has been registered for 17.07.2013 at

12.30pm.

Copy of this order be sent along with notice upon SHO.

(CHETNA SINGH)MM02(South)

16.07.2013.


CHARGEFIR NO. 121/12PS- Malviya Nagar

I, Chetna Singh, Metropolitan Magistrate, SOUTH, Saket, New

Delhi do hereby charge you accused Krishan s/o Sh. Ramvir and 2. Bholu

Sharma s/o Sh. Data Ram Sharma as under:-

That on 26.03.13 at 12.10am at APJ School, Sheikh Sarai,

Malviya Nagar, New Delhi within the jurisdiction of PS Malviya Nagar, you both

in furtherance of your common intention wrongfully restrained the complainant

by pushing towards the side of the road and taking away his mobile phone

and purse without his consent which was thereafter recovered from the

possession of accused Krishan and thus thereby committed an offence

punishable U/s 392/411/34 IPC and within cognizance of this court.

M.M/ Saket/New Delhi

16.07.2013

The charge is read over and explained to the accused and he is questioned as follows:

Q. Do you plead guilty or claim trial ?A. I plead not guilty and claim trial.A. I plead not guilty and claim trial.

RO&AC M.M-06/ Saket/New Delhi 16.07.2013

FIR No.121/13

PS Malviya Nagar

16.07.2013


Accused Bholu Sharma produced from JC.

Accused Krishan is present on bail.

Charge for the offence u/s 392/411/34 IPC has been framed against

both accused to which they have pleaded not guilty and claimed trial.

Be listed for PE with PW at serial no. 1 be summoned for the next

date of hearing i.e. 13.08.2013 and Rehnumai on 30.07.2013.


FIR No.432/09

PS Malviya Nagar

16.07.2013


Convict Jai Bhagwan produced from JC.

Convict Deepak is also present.

Matter listed for orders on sentence.

Ld. Defence counsel on behalf of the accused is also absent.

Previous involvement report of both the accused persons be called

through SHO for 17.07.2013.


FIR No.258/13

PS Malviya Nagar

16.07.2013

Present: Ld. Substitute APP for the state.

Accused Waseem with counsel.

An application for cancellation of non bailable warrant against

accused waseem has been filed.

On account of reasons stated, NBW qua accused Waseem stands

cancelled.

Further, accused is admitted to court bail on furnishing a bail bond

in the sum of Rs. 20,000/ with one surety in the like amount. Bail bond

furnished and accepted vide separate endorsement. Accused be released

forthwith.

Be listed for 17.07.2013 along with Muttha.

Copy of this order be given dasti if requested.


FIR No.239/12

PS Malviya Nagar

16.07.2013



Matter listed for scrutiny/committal.

In the present matter arrest of the accused has been stayed by

Hon’ble High Court of Delhi vide order dated 08.03.2013.

In view of the same, file be put up before Ld. District Judge for

committal.

Ahlmad is directed to send the file to the court of Ld. District

Judge (South) and Ld. Additional Sessions Judge complete in all respects for

19/07/2013 at 2.00pm.

Accused is directed to appear before Ld. District Judge (South) and

Ld. Additional Sessions Judge on the above said date.


CC No.43/1

PS Malviya Nagar

16.07.2013

Present: Complainant with counsel.

Arguments on application u/s 156(3) Cr.P.C. advanced.

Citations filed.

Be listed for orders at 4.00pm.


At 4.00pm

Present: Ld. Counsel for the complainant.

Certain clarifications are required from the IO as regards ATR filed

by him. As he has submitted that no police action is warranted in this case as no

cognizable offence is made out.

IO to remain present for clarification for 23.07.2013.


CC No.581/1

PS Malviya Nagar

16.07.2013

Present: Complainant with counsel.

CW1 Amarjeet Kaur examined and discharged.

Be listed for pre summoning CE on 21.10.2013.


FIR No.538/12

PS Malviya Nagar

16.07.2013


Accused Haneef produced from JC.

Accused Jamshed is absent.

An application for issuance of production warrant against the

accused Jamshed has been moved on behalf of the accused Jamshed Hussain.

It is stated by way of present application that the accused Jamshed

is in Dasna Jail at Ghaziabad, U.P. in case FIR no. 375/13, PS Sahibabad (U.P),

u/s 379/420/411/34 IPC.

In view of the same, production warrant be issued qua accused

Jamshed as per particulars mentioned above for 30.07.2013.


FIR No.841/02

PS Malviya Nagar

16.07.2013


Accused is absent.

Two PWs present are discharged as unexamined.

As the accused is absent. NBW be issued against him along with

notice upon surety through the IO for 18.09.2013.


FIR No.1134/06

PS Malviya Nagar

16.07.2013



PW Smt. Mainda is absent despite service. B/W be issued qua her

in the sum of Rs. 5000/ through the IO concerned for the next date of hearing

i.e. 20.09.2013.


FIR No.244/06

PS Malviya Nagar

16.07.2013


All four accused with counsel.

PW5 ASI Lokender Tyagi has been examined and partly cross

examined. His further cross examination has been deferred on account of video

conferencing as I am duty MM.

Let this witness be summoned afresh for his remaining cross

examination along with PW at serial no. 3 and 7 to be summoned for the next

date of hearing i.e. 23.08.2013.


FIR No.731/01

PS Malviya Nagar

16.07.2013



PW HC Om Prakash is also present.

It is submitted by Ld. Defence counsel that examination in chief of

PW2 Ct. Shripal has been deferred.

In view of the same, let PW2 Ct. Shripal be summoned through the

IO for 19.08.2013.

PW HC Om Prakash present is discharged as unexamined.


Ajay Sarna Vs Rajinder Kumar & Ors.

PS Malviya Nagar

16.07.2013


Be awaited till 12.30pm.

(CHETNA SINGH)MM02/SD/16.07.2013

At 12.30pm


Be awaited till 2.30pm.

(CHETNA SINGH)MM02/SD/16.07.2013

At 2.30pm


Perusal of the file shows that for the past several dates none has

appeared on behalf of the complainant. Complainant has not been appearing

despite court notice received back executed.

It seems that the complainant is not interested in prosecuting the

present complaint any further. Hence, present complaint is dismissed in default

and for non prosecution.

File be consigned to record room.


DD No61B dated 25.09.2010PSMalviya NagarUnder Section: 28/112 D.P. Act16.07.2013Present: Ld. APP for the state.

Accused in person.

Accused states that he wants to plead guilty voluntarily for

the offence punishable under section 28/112 D.P. Act. He has been

explained the consequences of the same, however, he feels sorry for the

offence committed by him under section 28/112 D.P. Act. Confession of

accused has been recorded on a separate sheet of paper.

Heard and record perused.

Considering the facts and circumstances of the case,

accused stands convicted for the offence punishable under section 28/112

D.P. Act and is sentenced to pay fine of Rs.50/. Fine paid.

Closure report be filed by SHO on 24.07.2013.

PB/SB stands cancelled. Surety, if any, be discharged.

Original document, if any, be returned. Endorsement, if any, be cancelled.

File be listed on 24.07.2013.

Copy of order be annexed along with notice upon SHO.

(CHETNA SINGH)MM02(SOUTH)

16.07.2013

FIR No.338/13

PS Malviya Nagar

16.07.2013


Both FIR put up before me by Ahlmad.

A perusal of the contents of FIRs reveal that both arise out of the

same quarrel which took place on 12.07.2013. The allegations are similar in both

FIR. However, one has been registered u/s 341/323/34 IPC and the other bearing

no. 337/13 has been registered u/s 308/323/34 IPC.

SHO to appear and explain the reasons for registering these two

FIRs under different sections when the facts are similar in both.

Be listed for 18.07.2013 at 12.30pm.

Copy of this order be sent along with notice upon SHO for his reply

and appearance.


cc no.56/1/11 ps malviya nagar - the judgment...

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