fir no. 188/14 ps : kapashera state vs....

FIR No. 188/14PS : KapasheraState Vs. Abhishek

06.05.2016

Present: Ld. APP for the State.Mr. Varun Kumar, Ld. counsel for the accused.Accused absent.PW absent.

An exemption application is moved on behalf of accused

by his counsel. Heard and allowed.

Put up for PE on 04.08.2016.

( Richa Gusain Solanki ) MM-01/Mahila Court

SW/06.05.2016

CC No. 663/1/13Manju Vs. Pawan Kumar

06.05.2016

Present: Complainant with his father alongwith Mr. Arvind Kumar, Ld. counsel.All respondents alongwith Ms. Bhagwati, Ld. counsel.

Ld. counsel for respondents submits that child Ayush

was born in Narela and the complainant may be asked where she

has applied for obtaining caste certificate of the child. Complainant

states that she has applied with SDM office, Delhi Cantt. Both

parties disputes as to who is the concerned SDM for issuing caste

certificate of this case.

Respondent is directed to hand over copy of caste

certificate and photo ID. It shall remain the responsibility to

approach concerned SDM Office.

Copy of caste certificate duly signed by respondent no. 1

handed over to complainant. The other documents be handed over

on the NDOH.

Put up for cross-examination 08.06.2016 at 11.30 AM.


SW/06.05.2016

FIR No. 258/13PS : BHD NagarState Vs. Anand Kumar

06.05.2016

Present: Ld. APP for the State.Accused in person alongwith Ld. proxy counsel.PW1 Smt. Satto Devi is present.

PW-1 Smt. Satto Devi partly examined in chief. Her

examination in chief is deferred for want of some original documents.

Put up for examination in chief(PW1 Smt. Satto Devi) on

04.08.2016.


SW/06.05.2016

FIR No. 311/14PS : BHD NagarState Vs. Mantu

06.05.2016

Present: Ld. APP for the State.Accused absent.PW HC Bal Kishan.

Issue NBW against the accused, returnable for

05.08.2016.


SW/06.05.2016

FIR No. 123/12PS : nanakpuraState Vs.Shyambir Singh

06.05.2016

Present: Ld. APP for the State.Accused Shyambir and Lakhiram alongwith Ld. counsel Mr. Neeraj Dahiya.Accused Indra and Vijay absent.

An exemption application is moved on behalf of accused

Indra and Vijay by their counsel. Heard and allowed. They are

exempted through counsel for today.

Arguments on charge heard.

Put up for orders on 31.05.2016 at 4 PM.


SW/06.05.2016

FIR No. 42/12PS : NanakpuraState Vs. Sohan Lal Gupta

06.05.2016

Present: Ld. APP for the State.Accused in person alongwith Ld. proxy counsel Sh. Vikas Sharma.

PW-1 Smt Puja Gupta is present. She is examined in

chief and cross-examined by Ld. APP. Her cross-examination by Ld.

defence counsel is deferred as main counsel of the accused is not

available today.

Put up for cross-examination (PW1 Smt. Puja Sharma

and PW2 Smt. Manju Goel) on 14.05.2016.


SW/06.05.2016

Ex. No. 3/13

06.05.2016

Present: DH alongwith Ld. counsel Mr. A.N Aggarwal.JD in person.

File taken up on receipt of settlement from the mediation

center. Parties have settled their dispute on 25.04.2016. JD has

handed over cheque in the sum of Rs. 3 lacs to DH today in the

court. JD undertakes to pay Rs. 2 lacs on 11.07.2016. He further

undertakes to transfer property at Roshan Vihar to DH. However, he

seeks time to trace his title documents. He submits that he will pay

Rs. 10,000/- per month in terms of settlement clause no. 9 but not

from May 2016 but from the month when DH shifts to property at

Roshan Vihar. He is unable to tell the court when he will be able to

transfer the property. Separate statement of JD recorded.

Put up for further payments on dated fixed i.e

06.06.2016.


SW/06.05.2016

Ex. No. 52/14, 22/15

06.05.2016

Present: DH alongwith Ld. counsel Mr. A.N Aggarwal.JD in person.

File taken up on receipt of settlement from the mediation

center. Parties have settled their dispute on 25.04.2016. JD has

handed over cheque in the sum of Rs. 3 lacs to DH today in the

court. JD undertakes to pay Rs. 2 lacs on 11.07.2016. He further

undertakes to transfer property at Roshan Vihar to DH. However, he

seeks time to trace his title documents. He submits that he will pay

Rs. 10,000/- per month in terms of settlement clause no. 9 but not

from May 2016 but from the month when DH shifts to property at

Roshan Vihar. He is unable to tell the court when he will be able to

transfer the property. Separate statement of JD recorded in

execution no. 3/13.

Put up for further payments on dated fixed i.e

06.06.2016.


SW/06.05.2016

CC No. 1154/1Sheetal Batra Vs Nitin Bajaj

06.05.2016

Present: Father of complainant with Ld. counsel Sh. Gaurav Chitkara.All respondents with Ld. Counsels Sh. Sunil Parashar and Sh. Suraj Dalal.

Vakalatnama filed on behalf of respondents. Same is

taken on record.

DIR filed by Protection Officer.

Respondents are directed to file their reply and detailed

affidavit of all their sources of income as per judgment of Hon'ble

High Court of Delhi titled Kusum Sharma Vs. Mahender Kumar

Sharma (dated 14.01.2015) FAO 369/1996 alongwith ITR details,

Form-16, moveable and immoveable properties, and latest salary

certificate, PAN card and Bank account details for last three years.

Put up for filing of reply and affidavit on 04.07.2016.


SW/06.05.2016

FIR No. 03/15PS: Nanakpura

06.05.2016

Present: Ld. APP for the State.IO is absent.

Issue fresh notice to IO in terms of previous order,

returnable for 14.05.2016.


SW/06.05.2016

CC No. 1198/1/16Tamanna Mudgal Vs Ravi Kaushik

06.05.2016

Present: Complainant with Ld. Counsel.

This is a complaint filed u/s 12 of Protection of Women

from Domestic Violence Act, 2005. Heard.

Notice be issued to Protection Officer for filing DIR report

within one week. Summons be issued to all respondents on filing of

PF/ RC within 7 days.

Complainant is also directed to file her detailed affidavit

of all her sources of income as per judgment of Hon'ble High Court

of Delhi titled Kusum Sharma Vs. Mahender Kumar Sharma

(dated 14.01.2015) FAO 369/1996 alongwith ITR details, Form-16,

moveable and immoveable properties, and latest salary certificate,

PAN card and Bank account details for last three years.

Fix for appearance and reply on 26.07.2016.


SW/06.05.2016

FIR No. 709/14PS:BHD Nagar

06.05.2016

Present: Ld. APP for the State.PW/Complainant Babli with Ld. Counsel Ms. Kanchan Mala.Accused in person.

Vakalatnama filed on behalf of complainant. Same is

taken on record.

An adjournment is sought on behalf of complainant on

the ground that she is not in a position to depose today.

In view of the above, put up for PE on 01.08.2016.


SW/06.05.2016

CC No. 987/1Barkha Vs Ranjit & Ors

06.05.2016

Present: Complainant with Ld. Counsel.Respondent in person.

Matter not settled in Mediation Centre. However, it is

admitted that both respondent and complainant are living together in

respondent's house since 11.01.2016.

Put up for filing of replication on 20.07.2016.


SW/06.05.2016

CC No. 964/1Premo Devi Vs Bharkha Devi

06.05.2016

Present: None for complainant. Respondent in person with Ld. Counsel.

Matter not settled in Mediation Centre.

Put up for filing of replication on 20.07.2016.


SW/06.05.2016

FIR No. 152/13PS:Nanakpura

06.05.2016

Present: Ld. APP for the State.All accused except Rajesh in person with Ld. Proxy Counsel Sh. Deepak Mehra.

Exemption application filed on behalf of accused Rajesh

by his counsel. Allowed for today only.

Some time sought on behalf of accused to address

arguments on charge.

Put up for arguments on charge on 11.08.2016.


SW/06.05.2016

CC No 834/1Irendeep Vs Guriqbal

06.05.2016

Present: Ld. Counsel for complainant.Ld. Counsel for respondent.

An application for waiver of cost moved on behalf of

respondent.

Both complainant and respondent do not reside in India.

On court questioning, Ld. counsel for complainant submits that the

jurisdiction of this court is made because the marriage was

solemnized within jurisdiction of PS Dwarka South. Mere

solemnization of marriage is not sufficient to constitute cause of

action.

Put up for clarifications on the point of jurisdiction on

29.07.2016.


SW/06.05.2016

FIR No. 186/13PS:Nanakpura

06.05.2016

Present: Ld. APP for the State.All accused with Ld. Counsel.

Written submissions/application for their discharge filed

on behalf of accused.

Ld. Counsel for the accused seeks some time to address

oral arguments.

Put up for arguments on charge on 12.08.2016.


SW/06.05.2016

FIR No.146/14PS:Nanakpura

06.05.2016

Present: Ld. APP for the State.IO ASI Dharamvir in person.

IO has filed an application seeking issuance of NBW

against accused Rajiv Mehta. It is submitted that process u/s 105B

Cr.PC was sent. However, the same could not be served since the

address was found to be incorrect/incomplete. Copy of report

received from MHA also filed.

IO submits that this address of accused was obtained

from his latest passport and apart from this and the permanent

address of Janakpuri, no other address is available. The concerned

DCP has already given permission for arrest of accused Rajiv on

05.05.2016. I am satisfied that accused is intentionally avoiding

process of law.

Issue NBW against the accused, returnable for

19.05.2016. Copy of the order be given dasti to IO.


SW/06.05.2016

FIR No.131/13PS: Nanakpura

06.05.2016

Fresh chargesheet filed. It be checked and registered.

Present: Ld. APP for the State.IO SI Asha in person.

Heard. Record perused.

I take cognizance of the offence u/s 498A/406/34 IPC.

Issue summons to accused Adharsh (husband) and

Magan (MIL) for the offence u/s 498A/406/34 IPC and to accused

Om Prakash (FIL) for the offence u/s 498A/34 IPC, for 12.08.2016.


SW/06.05.2016

FIR No. 202/15PS:Chhawla

06.05.2016

Present: Ld. APP for the State.Accused in person with Ld. Counsel Ms. Maya Dagar.

Vakalatnama filed on behalf of accused. Same is taken

on record.

Copy of challan supplied to the accused.

Since the challan was filed without arrest, accused is

admitted to bail on furnishing bail bond and surety bond in sum of

Rs. 15,000/-. Bail bond furnished and accepted. Be verified by

NDOH.

Put up for SD/Charge on 03.08.2016.


SW/06.05.2016

CC No. 1077/1/15Sarita Vs Mahinder

06.05.2016

Present: Complainant with Ld. LAC Sh. S.K. Singh.Respondent with Ld. Counsel.

A pass over requested till 12 noon to file affidavit of assets.

Put up at 12 noon.


SW/06.05.2016

(At 12 noon)

Present : Complainant with Ld. LAC Sh. S.K. Singh.Respondent absent.

Put up at 12.20 pm.


SW/06.05.2016

(At 12.20 pm)

Present : Complainant with Ld. LAC Sh. S.K. Singh.

Respondent absent.

Despite final opportunity and imposition of cost, affidavit

not filed by respondent. One last and final opportunity is granted to

the respondent, subject to a further cost of Rs. 1,500/-.

Put up for filing of affidavit of assets on 14.05.2016.

Complainant is directed to file copy of order passed u/s

24 HMA.


SW/06.05.2016

CC No. Sarla Devi Vs Sunita & Ors.

06.05.2016

Fresh complaint received from Facilitation Center by way of assignment from Ld. CMM. It be checked and registered.

Present: Complainant with Ld. Counsel Sh. R.S. Malhan.

This is a complaint filed u/s 12 of Protection of Women

from Domestic Violence Act 2005. Heard.

On court questioning, complainant states that

respondent no. 2 and 3 were not living at her house but had

provoked respondent no. 1 and had continuous interference in her

peaceful life. As such, they cannot be summoned under DV Act.

Notice be issued to Protection Officer for filing DIR report within one

week. Summons be issued to respondent no. 1 on filing of PF / RC.

Fix for appearance and reply on 10.05.2016.


SW/06.05.2016

FIR No.544/15PS:BHD Nagar

06.05.2016


Present: Ld. APP for the State.IO SI Jagmohan in person.


Primafacie, the allegations are that accused outraged

the modesty of complainant and no clear allegations of sexual

harassment are made.

I take cognizance of the offence u/s 354 IPC.

Issue summons to accused Ram Chander for

21.07.2016.


SW/06.05.2016

FIR No.421/15PS:BHD Nagar

06.05.2016


Present: Ld. APP for the State.IO SI Jagmohan in person.


Primafacie, the allegations are that accused Suresh and

Naresh outraged the modesty of complainant and their mother

Jagwanti took sides with them when the matter was brought to her

knowledge. It is also alleged that Jagwanti gave her beatings but no

MLC is on the record.

I take cognizance of the offence u/s 354/509/506/34 IPC.

Issue summons to accused Suresh and Naresh for

01.08.2016. No ground for summoning Jagwanti is made.


SW/06.05.2016

FIR No. 128/15PS:Dwarka, Sec-23

06.05.2016

Fresh Untraced report received. It be checked and registered.

Present: Ld. APP for the State.IO ASI Nirmala in person.Smt. Urmila, mother of victim Meenakshi.


The present FIR was registered for the offence u/s 354

IPC. It is stated that victim Meenakshi is mentally ill and she often

makes such baseless allegations against people. Smt. Urmila

submits that victim was earlier got treated at IHBAS. However, IO

has not collected or verified any medical document of victim. Smt.

Urmila submits that the victim is presently admitted for treatment. IO

is directed to collect and verify the medical record of victim.

Put up on 24.06.2016.


SW/06.05.2016

FIR No. 30/13PS:Kapashera

06.05.2016

File taken up today on the application of convict Pintu Shah to surrender in the court.

Present: Ld. APP for the State.Convict Pintu Shah alongwith Sh. V.S. Giri, Ld. Counsel.

Convict Pintu Shah was sentenced to rigorous

imprisonment for 7 days on 31.03.2016. He was admitted to bail u/s

389 Cr.PC and his bail bond was accepted till 2.05.2016. Convict

has not preferred any appeal. He is taken into custody for

undergoing sentence of 7 days.

Application accordingly. is disposed off.

File be consigned to record room.


SW/06.05.2016

FIR No. 130/13PS: Nanakpura

06.05.2016

Present Ld. APP for State.Accused in person

Complainant Sumeet states that she got married to

accused Dhiraj on 26.10.2007. She alleges that she was getting

annual salary of Rs. 4.5 lacs and Dhiraj told her that his annual

income of rs. 4 Lacs. However, after the marriage complainant came

to know that Dhiraj cheated her and his annual salary of around Rs.

2 lacs. He promised her that he would look for a better job and then

he would not force to pay EMI for the house and other household

expenses. In January 2008, complainant lost her job and Dhiraj

started forcing her to tell her mother to pay for EMIs till complainant

gets another job. In the meantime Dhiraj admitted that he has a extra

marital relationship and abused the complainant by saying that she

was of no use to him since she was not giving him enough money.

When in the year 2010 complainant's brother started earning, Dhiraj

and his parents started demanding more and her brother even gifted

LCD TV. Later, complainant came to know that Dhiraj has multiple

love affairs and he has married another woman in a temple. In

September 2011, complainant attempted suicide but Dhiraj saved

her. In March 2012, Dhiraj threatened complainant to go to her

parental house otherwise he would do something to her brother. In

May 2012, complainant's mother met with an accident and

complainant went to visit her. At that time, Dhiraj packed her bags

and told her to stay there only. Complainant alleges that she is living

in her parental house since then but accused keeps demanding

dowry.

In her statement under Section 161 Cr.P.C.,

complainant stated that she had given her jewelery to Dhiraj and his

mother on the assurance of Dhiraj that the same will lying safe with

him. However, whenever complainant demanded the same Dhiraj

and his mother refused.

Heard. Perused.

Complainant alleges that she was forced to pay EMIs

for the house and bear other household expenses but complainant

does not mention when such demand was made, how much she

paid for the EMIs and when such payments was made. Even her

bank account statement reflecting that Dhiraj was compelling her to

run the household from her salary, has not been filed. She states

that in January 2008, Dhiraj started compelling her to ask for money

from her mother but again no specific incident or amount is

mentioned. Her allegations that in the year 2010, accused's demand

increase is also cryptic. She states that she attempted suicide in

September 2011 but neither the details of incident nor the medical

record is provided.

In so far as the allegations of the offence U/s 406 IPC

are concerned, complainant did not mention anything in her

complaint except that her jewelery is in the possession of accused

and her in laws. However, she improvise in her statement u/s 161

Cr. P.C by stating that Dhiraj had taken the same for safe keeping

and later refuse to return the same. This statement was recorded on

18.10.2013 i.e nearly 7 months after the present complaint was filed

and two months after the present FIR was registered u/s 498A/406

IPC. The statement dated 18.10.2013, appears to be an after

thought to make up the lacunae in the case. One wonders why the

present FIR was registered u/s 406 IPC in the first place when there

neither any allegation of entrustment nor of criminal misappropriation

in the FIR.

It is trite that where the material placed before the

Court disclose grave suspicion against the accused, the Court will be

fully justified in framing a charge and proceeding with the trial. If two

views are equally possible and the Court is satisfied that the

evidence produced gives rise to some suspicion but not grave

suspicion against the accused, the Court must discharge the

accused.

The chargesheet does not give rise to a grave

suspicion against accused Dhiraj and as such he is discharged for

the offence under Sec 498A /406 IPC.

He is directed to file PB/SB in the sum of Rs 10,000/-

under Section 437A CrPC.

Put up for furnishing of bonds on 28.05.2016 at

2:00 pm.

(Richa Gusain Solanki)MM/Mahila Court-0106.05.2016

fir no. 188/14 ps : kapashera state vs....

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