Kaptan Singh v. State

Delhi High Court · 03 Aug 2011 · 2011:DHC:11566
Suresh Kait
Crl.M.C. 2517/2011
2011:DHC:11566
criminal other

AI Summary

The court allowed the petitioner to submit alibi evidence to the Investigating Officer for consideration during investigation, without quashing the FIR or interfering with the arrest.

Full Text
Translation output
$-26 HIGH COURT OF DELHI
CRL.M.C. 2517/2011
KAPTAN SINGH
Through: Mr. MKSingh, Adv.
VERSUS
Petitioner ^STATE Respondent
Through: Mr. MNDudeja, APP
CORAM'
HON'BLE MR. JUSTICE SURESH KAIT
03.08.2011 rrl.M.A.901^/^"11 (Exemption)
Exemption allowed subject to alljust exceptions. rttT M.C. 2517/2011
ORDER

1. Notice. Mr. Dudeja, learned APP accepts notice.

2. Vide this petition tlie petitioner has challenged the FIR No.69/2011 28.4.2011 under Section 384/34 IndianPenal Code, 1860.

3. Learned counsel for the petitioner submits that the petitioner reported at duty at 07:40 AM. on 27" April, 2011 and after completing his duty hours returnable on 08:40 PM, which is evident from the DD No.23.

4. He further submits that the petitioner has been on duty for 13 hours and thereafter it is stated that at 12:00 AM in the night on the same date he caraiot 2011:DHC:11566 2_ commit the offence mentioned in the aforesaid FIR.

5. Learned counsel for the petitioner has relied upon the annexure H. It is the affidavit filed by some independent persons, namely Sh.Subarati Marshal S/o SultanAnsariR/o Jhugi behindRed Light, Balucha Complex, Delhi.

6. Learned counsel for the APP for the State submits that the FIR is under investigation and is at its initial stage. Further submits that whatever documents he has placed in the present petition, he may submit the same with the concerned 10 and thereafter he shall look into the same during investigation and file the report as per law.

7. Accordingly, the petitioner is granted 7 days timeto submit the documents, whatever he has in his possession to the 10 concerned and the he shall look into the same thereafter take action as per law.

8. Needlessto say that there is no issue on the arrest ofthe petitioner.

9. Accordingly, Crl.M.C. No.2517/2011 is disposedofon the aforesaidterms.

AUGUST 03, 2011 vld SURESH KAIT, J