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2015 DIGILAW 2802 (DEL)

SANJAY ARORA v. STATE (NCT OF DELHI)

2015-12-21

SURESH KAIT

body2015
JUDGMENT : SURESH KAIT, J. 1. Vide the present petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioner seeks quashing of FIR No.246/2013 registered with the Economic Offences Wing, Police Station Mandir Marg, New Delhi, for the offences punishable under Sections 420/467/468/471/406/120B IPC and the consequential proceedings emanating therefrom against him. 2. Learned counsel appearing on behalf of the petitioner submits that the aforesaid case was registered on 10.12.2013 against the petitioner pursuant to the complaint made by the complainant/respondent No.2 in the month of June, 2010. Since then more than five years have passed and meanwhile, the Investigating Authority has issued enquiry letters to the petitioner asking for documents and clarifications as under:- (i) Letter of enquiry dated 02.11.2010 (ii) Letter of enquiry dated 16.12.2010 (iii) Notice under Section 160 Cr.P.C. dated 10.11.2014 (iv) Notice under Section 160 Cr.P.C. dated 19.01.2015 (v) Notice under Section 160/91 Cr.P.C. dated 24.04.2015 (vi) Notice under Section 160 Cr.P.C. dated 03.09.2015 (vii) Notice under Section 160/91 Cr.P.C. dated 21.10.2015. 3. Learned counsel for the petitioner submits that despite having replied to the said notices issued by the Investigating Authority, till date the respondent No.1 has not concluded the investigation. 4. Learned Additional Public Prosecutor appearing on behalf of the State, on instructions from Inspector Afzar Raza, Investigating Officer of the case, submits that the documents received from the petitioner were sent for examination to FSL in the year 2011, however, report thereof has been received in the year 2015 and that is inconclusive too regarding the age of ink and paper are concerned. Accordingly, the Investigating Authority is in the process of sending the documents for further examination to other Laboratories and also in the process of sending the documents to the Panel Chartered Accountant for its opinion. Thus, the Investigating Authority is in the process of investigation and the same will be expedited. 5. Keeping in view the fact that respondent No.2/complainant had made complaint in the month of June, 2010 and thereafter, the FIR was lodged on 10.12.2013 and since then more than two years have passed, however, the investigation is not complete as yet. Therefore, without passing any order in the present petition, I hereby direct the Investigating Authority to expedite the investigation in this case and file report accordingly. 6. With these observations, the present petition is disposed of. Therefore, without passing any order in the present petition, I hereby direct the Investigating Authority to expedite the investigation in this case and file report accordingly. 6. With these observations, the present petition is disposed of. Crl.M.A.18727/2015 (for stay) With the disposal of the petition itself, the instant application has become infructuous. The same is dismissed accordingly.