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2023 DIGILAW 5093 (DEL)

Joginder Kaur v. Registrar Cooperative Societies

2023-08-24

ANOOP KUMAR MENDIRATTA, V.KAMESWAR RAO

body2023
JUDGMENT V. Kameswar Rao (Oral) CM APPLs. 43734/2023 & 43765/2023 1. These applications have been filed with the following prayers: A. Direct the Ld. Financial Commissioner to comply with the Order dated 13.12.2022 and decide the Revision Petition in a time bound manner and in any event within a maximum period of 2 (two) months; and B. In the alternative, the Petitioner seeks direction from this Hon'ble Court to direct the ACP, Crime Branch, Delhi Police to expedite and submit the report, if any prepared against the Respondent No. 2 or to conclude in a time bound investigation against the Respondent No. 2 and in any event within a maximum period of 2 (two) months, so that the Revision Petition can be disposed of; And A. Implead ACP Crime Branch, Delhi Police and Financial Commissioner, New Delhi as Respondent No. 5 and Respondent No. 6 respectively in the present Writ Petition." 2. The submission of learned counsel for the petitioner is that this writ petition was disposed of on December 13, 2022 with a direction to expeditiously dispose of the Revision Petition within eight weeks as an outer limit, but the same has not been disposed of till date. He would submit, the purpose for filing the applications is to implead ACP, Crime Branch, Delhi Police and also Financial Commissioner as party respondents. 3. He also draws our attention to one of the application to contend that a directions be issued to the ACP, Crime Branch, Delhi Police to expedite and submit the report and also the Financial Commissioner to dispose of the Revision Petition expeditiously. 4. We have heard Mr. Malik, the counsel appearing for RCS/respondent No. 1 also. He states, he has no instructions, insofar, these applications are concerned. 5. We have seen the orders passed by the Financial Commissioner, pursuant to the orders passed by us on December 13, 2022. The order dated March 02, 2023 reveals that notices were issued to the ACP, Crime Branch, Delhi Police for submitting the report in the matter. We have been informed that the report has still not been submitted. 6. 5. We have seen the orders passed by the Financial Commissioner, pursuant to the orders passed by us on December 13, 2022. The order dated March 02, 2023 reveals that notices were issued to the ACP, Crime Branch, Delhi Police for submitting the report in the matter. We have been informed that the report has still not been submitted. 6. We note at page No. 41 of the writ petition, a copy of the order passed in the writ petition filed by the respondent No. 3 being W.P.(C) 3800/2012 has been annexed, wherein this court observed that the Financial Commissioner can call for even the results of the investigation done by the Crime Branch, before taking a final view in the matter. 7. We have been informed that the next date of hearing is September 08, 2023. 8. Accordingly, we deem it appropriate to dispose of these applications by directing the ACP, Crime Branch, Delhi Police to file a status report on the investigation done before the Financial Commissioner before September 08, 2023, so as to enable the parties argue the Revision Petition before the Financial Commissioner for him to decide the same within a period of four weeks thereafter as an outer limit. 9. Applications stand disposed of.