CRL.M.C./4376/2018 of SATYA NARAYAIN CHOUDHARY Vs STATE & ANR.

IN THE HIGH COURT OF DELHI AT NEW DELHI+ CRL.M.C. 4376/2018

SATYA NARAYAIN CHOUDHARY

..... Petitioner

Through Mr. Siddharth Ydav and Mr.Netapal Singh, Advs. Mr.Netapal Singh, Advs.

versus

STATE & ANR.

.... Respondents

Through Mr.Amit Chadha, APP with Insp. Ritu Raj and SI Dharmender

CORAM:HON'BLE MR. JUSTICE CHANDER SHEKHAR O R R% 02.12.2019

1. SHO moved an application for tendering unconditional apology for non-appearance of the Investigating Officer in the Court when the matter was taken up for hearing.

2. In view of the cause submitted in the application and the assurance given by the SHO that no such lapse shall take place in future, the unconditional apology on behalf of SHO is accepted and the presence of the SHO is dispensed with. SHO is warned to remain careful in future. However, the record demonstrates that the IO did not appear on 25.7.2019 and thereafter, time was sought by the IO to file an application for tendering unconditional apology from time to time. Even, the proceedings dated 18.10.2019 shows that the SHO Ritu Raj was present in the Court, however, the IO was still absent from the Court.

3. In view of the aforesaid fact, this Court is constraint to impose cost of Rs.10,000/- which shall be deducted from his salary and intimation, in this regard, shall be given to the Commissioner of Police.

4. Let status report, in this regard, be filed.

5. Renotify on 13.1.2020.

DECEMBER 02, 2019/rk

CHANDER SHEKHAR, J

1. At this stage, the IO moved an application for tendering unconditional apology.

2. The IO submitted that he is ready and willing to contribute/deposit on his own sum of Rs.10,000/- for some social cause. Let the said sum be deposited with any blind school and the receipt thereof be filed in the Registry within two weeks, however in case of failure to deposit the aforesaid sum, the earlier order passed in the day imposing thereby cost of Rs. 10,000/- to be deducted from his salary and intimation, in this regard, to be given to the Commissioner of Police, shall be binding and enforceable.

3. In view of the cause submitted in the application as well as the offer of deposit of Rs.10,000/- as stated hereinabove and the assurance given by the IO that no such lapse shall take place in future, the order directing the imposition of cost of Rs.10,000/- to be deducted from his salary and intimation, in this regard, to be given to the Commissioner of Police, is recalled. The IO is warned to remain careful in future.

4. The date earlier fixed, i.e. 13.1.2020, is cancelled.

5. Application is disposed of.

DECEMBER 02, 2019/rk

CHANDER SHEKHAR, J