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1FIR No. 334/00PS Malviya NagarState v. Rajesh Kumar Vasistha and Others
13022015
PW 5 : Ms. Kamana Mishra, DGM, TBS, Division of Times Internet Limited, Times of India, Sector16A, Film City, NOIDA.
On S.A.I do not remember exactly what happened in this case as
the matter is 15 years old.
(At this stage, Ld. APP for the State seeks permission to cross examine
the witness as she is not disclosing the facts of the case. Heard.
Allowed.)
XXXXXX By Shri Anil Kumar Paswan, Ld. APP for the State.
It is correct that in the year 2000 I was working as Senior
Manager, Classified, Advertisement Division, Times of India. I can not
say whether any police official came to get copy of advertisement from
our office or not. I can not say whether my statement was recorded or
not. I do not remember whether IO had inquired anything about the
present case.
2
(At this stage, one advertisement in newspaper dated 07022000 is
shown to the witness who after going through the same states that the
advertisement was published in the newspaper on the above mentioned
date and was about “Viza sallah” in Hindi language.) The said
stamped page of advertisement is Mark 5/1 depicting the above
mentioned advertisement at point A.
It is correct that seizure memo Ex.PW5/1 bears my
signature at point A. It is correct that the record of that advertisement
was weeded out according to the policy of Times of India. It might be
me or someone from the staff who had given the advertisement to the
IO and I might have signed on the seizure memo being the staff head.
I can not say who booked the advertisement as the record has been
weeded out. As per the advertisement one phone number i.e 6963715
is mentioned for contacting for viza sallah.
XXXXXX By Shri R.S Maan and Shri Sanjeev Kumar, counsel for
accused Rajesh Kumar, Vijay Pratap and Bhupender Singh Cheema.
I can not tell to whom the above mentioned telephone
number belongs. I can not tell whether any witness was present when
Ex.PW5/1 was prepared. It is correct that in Ex.PW5/1 mentions the
presence of witnesses. However, details of those witnesses is not given.
3
It is correct that the document Mark 5/1 is not signed by anyone and it
is only stamped. VOL: “It is the normal procedure.” It is wrong to
suggest that Mark 5/1 is manipulated by inserting the said
advertisement at point A. It is wrong to suggest that Mark 5/1 is a
fabricated one. It is correct that Mark 5/1 is a photocopy and not
mentioning attested or true copy at any place. I can not say if the
accused persons present in the court today came for booking the
advertisement.
RO & AC
(VIVEK KUMAR GULIA) Chief Metropolitan Magistrate (South)
Saket Courts, New Delhi/13022015
1FIR No. 13/2004PS Lodhi ColonyState v. Karuna Singh and others
13022015
PW 1 : Smt. Veena Solanki W/o Late Shri S.P.S Solanki,aged bout 53 years R/o C7, Usha Niketan Colony, Safdarjung Development Area, New Delhi.
On S.A.I had purchased 36 shares of Moral Properties P. Ltd from
Ajay Behl and Raman Sharma, who were the Directors of said company
at that time. Out of those 36 shares, I was having 35 shares and one
share belong to Jai Vir Singh Solanki. On 11062002 I along with my
husband proceeding to Rani Khet to leave our daughter to her
School/hostel but at J.P. Nagar, near Petrol Pump, near Muradabad,
District Amroha, we met with an accident in which my husband
expired. I also sustained serious injuries and remain admitted in
Batra Hospital for about 15 days. When I was discharged, I was bed
ridden for about 10 months due to that accident. When I recovered, I
contacted Patwari regarding Moral Properties and came to know that
Karuna Singh, Kailash Singh, Manju Singh, Prem Wati and Susheel
Jain were trying to sell the property of Moral Properties P. Ltd. I
contacted Susheel Jain in this regard who told that Kailash
2
had taken all the documents pertaining to the property. Then, we
lodged a complaint at P.S Crime Branch. IO Ved Prakash investigated
the matter.
(Further examination in chief is deferred at the request of Ld. APP
who sought assistance of IO for further examination.)
RO & AC
(VIVEK KUMAR GULIA) Chief Metropolitan Magistrate (South)
Saket Courts, New Delhi/13022015
FIR No. 195/2013PS EOWState v. Makhan Singh and others
13022015Present : Shri Anil Kumar Paswan, Ld. APP for the State.
Shri F. Haq, counsel for accused Makkhan Singh.
On behalf of accused Makkhan Singh an application is moved for calling a complaint case under section 138 N.I Act, titled “Kushal K. Rana v. Makkhan Singh” pending in the court of Shri Chander Mohan, Ld. MM, Saket Courts, New Delhi, for the purpose of merging it with the State case pending in this court under section 210 Cr.P.C.
Heard. From the application, it becomes clear that the aforesaid complaint case under section 138 N.I Act is pending in South East District. The court of CMM can exercise the powers under section 410(1) Cr.P.C within the district for the purpose of withdrawing any case or recalling any case from any other court. In view of this, the application is not maintainable. Accordingly, the application stands dismissed.
Copy of this order be given dasti.
(VIVEK KUMAR GULIA) Chief Metropolitan Magistrate (South)
Saket Courts, New Delhi/13022015
FIR No. 65/2015PS Neb Sarai
13022015Present : Shri Anil Kumar Paswan, Ld. APP for the State.
Complainant/victim Ms Kanchan Yadav along with her father.IO ASI Kuldeep Singh.
Order dated 13022015 of Ld. ASJ01, South, Saket Courts, New Delhi, perused. The application of IO U/S 164 Cr.P.C for recording the statement of complainant/victim is assigned to Ms. Shreya Arora Mehta, Ld. M.M05, South, Saket Courts, New Delhi, for today itself.
IO is directed to produce the complainant/victim before Ld. M.M immediately.
(VIVEK KUMAR GULIA) Chief Metropolitan Magistrate (South)
Saket Courts, New Delhi/13022015
DE No. 04/2014Fact Finding Inquiry against concern official
13022015Present : Shri R.N. Gupta, Retired Superintendent, Administration
Branch, Patiala House Courts, New Delhi.
It is stated by Shri R.N. Gupta that he was looking after the work of Computer Branch which was maintaining the leave record of court officials posted at Patiala House Courts and after his transfer in 2001, he handed over the entire record to his successor. Separate statement of Shri R.N. Gupta recorded in this regard.
Summons sent to Shri Inder Dev Singh, Incharge, Administration Branch, Patiala House Courts, from 1999 to 2000 received back with the report that he is not residing at the address furnished. In view of this, fresh notice be issued to Shri Inder Dev Singh for the next date. His current address be obtained from the bank record to be furnished by the Administration Branch, Tis Hazari Courts, Delhi.
In the meanwhile, summons be issued to Shri S.P. Chauhan, who remained posted as Administration Officer at Patiala House Courts from 672005 to 412006, at his present residential address for the next date of hearing.
Put up for further proceedings on 27022015.
(VIVEK KUMAR GULIA) Chief Metropolitan Magistrate (South)
Saket Courts, New Delhi/13022015
FIR No. 13/2004PS Lodhi ColonyState v. Karuna Singh and others
13022015Present : Shri Anil Kumar Paswan, Ld. APP for the State.
Accused Karuna Singh, Kailash Singh, Manju and Susheel Jain on bail.Accused Kishori Devi is absent.Proceedings against accused Premwati abated vide order dated 06.03.2014.
An application for exemption from personal appearance
moved on behalf of accused Kishori Devi. Heard. Allowed.
PW1 Smt Veena Solanki partly examined in chief and her
further examination is deferred at the request of Ld. APP since he
sought assistance of IO for further examination. PW1 is bound down
for the next date. Notice be issued to IO for the next date of hearing.
Put up for PE on 01052015.
(VIVEK KUMAR GULIA) Chief Metropolitan Magistrate (South)
Saket Courts, New Delhi/13022015
FIR No. 334/00PS Malviya NagarState v. Rajesh Kumar Vasistha and Others
13022015Present : Shri Anil Kumar Paswan, Ld. APP for the State.
Accused Rajesh Kumar Vashisht, Bhupinder Singh Cheema and Vijay Pratap Singh on bail with counsel Shri Sanjeev Kumar and Shri R.S Maan.
PW5 Ms. Kamana Mishra examined and discharged.
Bound down witness PW Mohd. Sabir failed to turn up. Issue BW in the sum of Rs.5000/ with one surety in the like amount
Summons sent to PW Ms. Rishimal through IO Inspector V.K.P Singh received back unserved with the report that she has left the job 14 years back and her current whereabouts are not available. In view of this, PW Ms. Rishimal is dropped from the list of witnesses.
Summons sent to PW Shri Manpreet Singh received back with the report that he never resided at the address furnished.
In view of the above, fresh summons be issued to PW Shri Manpreet Singh, Meenakshi Arora and Vijay Kumar through IO for the next date of hearing.
Put up for PE on 21052015.
(VIVEK KUMAR GULIA) Chief Metropolitan Magistrate (South)
Saket Courts, New Delhi/13022015
FIR No. 880/04PS R.K. PuramChargesheet no.4
CHARGE
I, Vivek Kumar Gulia, Chief Metropolitan Magistrate (South), Saket Courts Complex, New Delhi do hereby charge you accused (1) Mahesh Sharma S/o Sh. S.K. Sharma and (1) Surender Kapoor S/o late Sh. Manohar Lal Kapoor as under :
That you both, in and around 2003, at UCO Bank, Krishna Nagar Branch, New Delhi, and other places of Delhi, alongwith coaccused Kiran Kapoor and V.K. Pushkarna, agreed to cheat the complainant bank UCO, by inducing it to sanction a loan on the basis of forged documents and by impersonating the owner of the property; to commit criminal breach of trust by omitting to verify documents and to rely on false nonencumbrance/search report filed in respect of property no. 19A/II, Pushpanjali Enclave, Delhi, which was mortgaged/kept as a collateral security and thereby committed an offence punishable U/s. 120B IPC and within the cognizance of this Court.
I hereby direct you to be tried by this court for the aforesaid charge.
CMM(South) Saket Courts
New Delhi/13.02.2015The charge is read over and explained to the accused
persons in vernacular language and they are questioned as under:Ques.: Do you plead guilty or claim trial ?Ans. I plead not guilty and claim trial.
RO & AC (VIVEK KUMAR GULIA)
Chief Metropolitan Magistrate (South) Saket Courts, New Delhi/13.02.2015
FIR No. 880/04PS R.K. PuramChargesheet no.4
CHARGE
I, Vivek Kumar Gulia, Chief Metropolitan Magistrate (South), Saket Courts Complex, New Delhi do hereby charge you accused V.K. Pushkarna S/o late Sh. Girdhari Lal Pushkarna as under :
That you, in and around 2003, at UCO Bank, Krishna Nagar Branch, New Delhi, and other places of Delhi, alongwith coaccused Kiran Kapoor, Surender Kapoor and Mahesh Sharma, agreed to cheat the complainant bank UCO, by inducing it to sanction a loan on the basis of forged documents and by impersonating the owner of the property; to commit criminal breach of trust by omitting to verify documents and to rely on false nonencumbrance/search report filed in respect of property no. 19A/II, Pushpanjali Enclave, Delhi, which was mortgaged/kept as a collateral security and thereby committed an offence punishable U/s. 120B IPC and within the cognizance of this Court;
Secondly, that you, at aforesaid time and place, in the capacity of public servant, were entrusted the task of sanctioning cash credit limit to accused Kiran Kapoor and you discharged your duties dishonestly by illegally sanctioning a cash credit limits without verifying the title documents of the property furnished as collateral security, causing loss to nationalized Bank and thereby committed an offence punishable U/s. 409 IPC, and within the cognizance of this Court.
I hereby direct you to be tried by this court for the aforesaid charges.
CMM(South) Saket Courts
New Delhi/13.02.2015The charge is read over and explained to the accused in
vernacular language and he is questioned as under:Ques.: Do you plead guilty or claim trial ?Ans. I plead not guilty and claim trial.
RO & AC (VIVEK KUMAR GULIA)
Chief Metropolitan Magistrate (South) Saket Courts, New Delhi/13.02.2015
FIR No. 880/04PS R.K. PuramChargesheet no.4
CHARGE
I, Vivek Kumar Gulia, Chief Metropolitan Magistrate (South), Saket Courts Complex, New Delhi do hereby charge you accused Kiran Kapoor W/o Sh. Surender Kapoor as under:
That you, in and around 2003, at UCO Bank, Krishna Nagar Branch, New Delhi, and other places of Delhi, alongwith coaccused Surender Kapoor, V.K. Pushkarna and Mahesh Sharma, agreed to cheat the complainant bank UCO, by inducing it to sanction a loan on the basis of forged documents and by impersonating the owner of the property; to commit criminal breach of trust by omitting to verify documents and to rely on false nonencumbrance/search report filed in respect of property no. 19A/II, Pushpanjali Enclave, Delhi, which was mortgaged/kept as a collateral security and thereby committed an offence punishable U/s. 120B IPC and within the cognizance of this Court;
Secondly, you, at the aforesaid time and place, cheated complainant bank by dishonestly inducing it to sanction loan on the basis of forged title documents of owner Sh. B.S. Mathur and by impersonating Sh.B.S. Mathur and thereby committed an offence punishable U/s. 420 IPC and within the cognizance of this Court;
Thirdly, you, at the aforesaid time and place, fraudulently and dishonestly used the title documents of owner Sh. B.S. Mathur, Perpetual SubLease Deed, Share certificate no. 35, an NOC issued by DDA, for sanction of cash credit limit/loan knowing or having reasons to believe the said documents are forged and thereby committed an offence punishable U/s. 471 IPC and within the cognizance of this Court.
I hereby direct you to be tried by this court for the aforesaid charges.
CMM(South) Saket Courts New Delhi/13.02.2015
The charge is read over and explained to the accused in vernacular language and she is questioned as under:Ques.: Do you plead guilty or claim trial ?Ans. I plead not guilty and claim trial.
RO & AC (VIVEK KUMAR GULIA)
Chief Metropolitan Magistrate (South) Saket Courts, New Delhi/13.02.2015
FIR No. 880/04PS R.K. PuramChargesheet no.2
CHARGE
I, Vivek Kumar Gulia, Chief Metropolitan Magistrate (South), Saket Courts Complex, New Delhi do hereby charge you accused Dalip Aggarwal S/o Sh. I.P. Aggarwal as under :
That you, in and around 2002, at UCO Bank, Somvihar Branch, New Delhi, and other places of Delhi, alongwith coaccused Ashok Kapoor, Virawali Kapoor and N.C. Mishra, agreed to cheat the complainant bank UCO, by inducing it to sanction a loan on the basis of forged documents and by impersonating the owner of the property; to commit criminal breach of trust by omitting to verify documents and to rely on false nonencumbrance/search report filed in respect of property no. D21, (Old no. 3) Block No. 5, Kanti Nagar, Sahadara, Delhi, which was mortgaged/kept as a collateral security and thereby committed an offence punishable U/s. 120B IPC and within the cognizance of this Court.
I hereby direct you to be tried by this court for the aforesaid charge.
CMM(South) Saket Courts
New Delhi/13.02.2015The charge is read over and explained to the accused in
vernacular language and he is questioned as under:Ques.: Do you plead guilty or claim trial ?Ans. I plead not guilty and claim trial.
RO & AC (VIVEK KUMAR GULIA)
Chief Metropolitan Magistrate (South) Saket Courts, New Delhi/13.02.2015
FIR No. 880/04PS R.K. PuramChargesheet no.3
CHARGE
I, Vivek Kumar Gulia, Chief Metropolitan Magistrate (South), Saket Courts Complex, New Delhi do hereby charge you accused N.C. Mishra S/o late Sh. Bhim Dutt Mishra as under :
That you, in and around 2002, at UCO Bank, Somvihar Branch, New Delhi, and other places of Delhi, alongwith coaccused Ashok Kapoor, Virawali Kapoor and Dalip Aggarwal, agreed to cheat the complainant bank UCO, by inducing it to sanction a loan on the basis of forged documents and by impersonating the owner of the property; to commit criminal breach of trust by omitting to verify documents and to rely on false nonencumbrance/search report filed in respect of property no. D21, (Old no. 3) Block No. 5, Kanti Nagar, Sahadara, Delhi, which was mortgaged/kept as a collateral security and thereby committed an offence punishable U/s. 120B IPC and within the cognizance of this Court;
Secondly, that you, at aforesaid time and place, in the capacity of public servant, were entrusted the task of sanctioning cash credit limit to accused Ashok Kapoor and Virawali Kapoor and you discharged your duties dishonestly by illegally sanctioning a cash credit limits of Rs. 10 lacs without verifying the title documents of the property furnished as collateral security and without physically inspecting the property, which was a vacant plot, causing loss to nationalized Bank and thereby committed an offence punishable U/s. 409 IPC, and within the cognizance of this Court.
I hereby direct you to be tried by this court for the aforesaid charges.
CMM(South) Saket Courts
New Delhi/13.02.2015The charge is read over and explained to the accused in
vernacular language and he is questioned as under:Ques.: Do you plead guilty or claim trial ?Ans. I plead not guilty and claim trial.
RO & AC (VIVEK KUMAR GULIA)
Chief Metropolitan Magistrate (South) Saket Courts, New Delhi/13.02.2015
FIR No. 880/04PS R.K. PuramChargesheet no.3
CHARGE
I, Vivek Kumar Gulia, Chief Metropolitan Magistrate (South), Saket Courts Complex, New Delhi do hereby charge you accused (1) Ashok Kapoor S/o of late Sh. Manohar Lal Kapoor and (2) Virawali Kapoor W/o Sh. Ashok Kapoor as under:
That you both, in and around 2002, at UCO Bank, Somvihar Branch, New Delhi, and other places of Delhi, alongwith coaccused N.C. Mishra and Dalip Aggarwal, agreed to cheat the complainant bank UCO, by inducing it to sanction a loan on the basis of forged documents and by impersonating the owner of the property; to commit criminal breach of trust by omitting to verify documents and to rely on false nonencumbrance/search report filed in respect of property no. D21, (Old no. 3) Block No. 5, Kanti Nagar, Sahadara, Delhi, which was mortgaged/kept as a collateral security and thereby committed an offence punishable U/s. 120B IPC and within the cognizance of this Court;
Secondly, you both, at the aforesaid time and place, cheated complainant bank by dishonestly inducing it to sanction loan on the basis of forged title documents of owner Sh. Roshan Lal and by impersonating Sh. Roshan Lal and thereby committed an offence punishable U/s. 420 IPC and within the cognizance of this Court;
Thirdly, you both, at the aforesaid time and place, fraudulently and dishonestly used the title documents of owner Sh. Roshan Lal for sanction of cash credit limit/loan knowing or having reasons to believe the said documents are forged and thereby committed an offence punishable U/s. 471 IPC and within the cognizance of this Court.
I hereby direct you to be tried by this court for the aforesaid charges.
(VIVEK KUMAR GULIA) Chief Metropolitan Magistrate (South)
Saket Courts, New Delhi/13.02.2015The charge is read over and explained to the accused persons
in vernacular language and they are questioned as under:Ques.: Do you plead guilty or claim trial ?Ans. I plead not guilty and claim trial.
RO & AC (VIVEK KUMAR GULIA)
Chief Metropolitan Magistrate (South) Saket Courts, New Delhi/13.02.2015
FIR No. 880/04PS R.K. PuramChargesheet no.2
CHARGE
I, Vivek Kumar Gulia, Chief Metropolitan Magistrate (South), Saket Courts Complex, New Delhi do hereby charge you accused C.M. Manaktala S/o late Sh. Ascharj Lal as under :
That you, in and around 2002, at UCO Bank, Somvihar Branch, New Delhi, and other places of Delhi, alongwith coaccused Surender Kapoor, Kiran Kapoor and N.C. Mishra, agreed to cheat the complainant bank UCO by inducing it to sanction a loan on the basis of forged documents and by impersonating the guarantor of loan; to commit criminal breach of trust by omitting to verify documents and to rely on false nonencumbrance/search report filed in respect of property no. 184, Saini Enclave, Delhi, which was mortgaged/kept as a collateral security and thereby committed an offence punishable U/s. 120B IPC and within the cognizance of this Court.
I hereby direct you to be tried by this court for the aforesaid charge.
CMM(South) Saket Courts
New Delhi/13.02.2015The charge is read over and explained to the accused in
vernacular language and he is questioned as under:Ques.: Do you plead guilty or claim trial ?Ans. I plead not guilty and claim trial.
RO & AC (VIVEK KUMAR GULIA)
Chief Metropolitan Magistrate (South) Saket Courts, New Delhi/13.02.2015
FIR No. 880/04PS R.K. PuramChargesheet no.2
CHARGE
I, Vivek Kumar Gulia, Chief Metropolitan Magistrate (South), Saket Courts Complex, New Delhi do hereby charge you accused N.C. Mishra S/o late Sh. Bhim Dutt Mishra as under :
That you, in and around 2002, at UCO Bank, Somvihar Branch, New Delhi, and other places of Delhi, alongwith coaccused Surender Kapoor, Kiran Kapoor and C.M. Manaktala, agreed to cheat the complainant bank UCO by inducing it to sanction a loan on the basis of forged documents and by impersonating the guarantor of loan; to commit criminal breach of trust by omitting to verify documents and to rely on false nonencumbrance/search report filed in respect of property no. 184, Saini Enclave, Delhi, which was mortgaged/kept as a collateral security and thereby committed an offence punishable U/s. 120B IPC and within the cognizance of this Court;
Secondly, that you, at aforesaid time and place, in the capacity of public servant, were entrusted the task of sanctioning cash credit limit to accused Surender Kapoor and Kiran Kapoor and you discharged your duties dishonestly by illegally sanctioning a cash credit limits of Rs. 10 lacs without verifying the title documents of the property furnished as collateral security, causing loss to nationalized Bank and thereby committed an offence punishable U/s. 409 IPC, and within the cognizance of this Court.
I hereby direct you to be tried by this court for the aforesaid charges.
CMM(South) Saket Courts
New Delhi/13.02.2015The charge is read over and explained to the accused in
vernacular language and he is questioned as under:Ques.: Do you plead guilty or claim trial ?Ans. I plead not guilty and claim trial.
RO & AC (VIVEK KUMAR GULIA)
Chief Metropolitan Magistrate (South) Saket Courts, New Delhi/13.02.2015
FIR No. 880/04PS R.K. PuramChargesheet no.2
CHARGE
I, Vivek Kumar Gulia, Chief Metropolitan Magistrate (South), Saket Courts Complex, New Delhi do hereby charge you accused (1) Surender Kapoor son of late Sh. Manohar Lal Kapoor and (2) Kiran Kapoor wife of Surender Kapoor as under:
That you both, in and around 2002, at UCO Bank, Somvihar Branch, New Delhi, and other places of Delhi, alongwith coaccused N.C. Mishra and C.M. Manaktala, agreed to cheat the complainant bank UCO, by inducing it to sanction a loan on the basis of forged documents and by impersonating the guarantor of the loan; to commit criminal breach of trust by omitting to verify documents and to rely on false nonencumbrance/search report filed in respect of property no. 184, Saini Enclave, Delhi, which was mortgaged/kept as a collateral security and thereby committed an offence punishable U/s. 120B IPC and within the cognizance of this Court;
Secondly, you, at the aforesaid time and place, cheated complainant bank by dishonestly inducing it to sanction loan on the basis of forged documents i.e. Perpetual Lease Deed and title documents of guarantor Smt. Swaran Lata and by impersonating the guarantor Smt. Swaran Lata knowing well that she had already disposed of her property to third person and thereby committed an offence punishable U/s. 420 IPC and within the cognizance of this Court;
Thirdly, you, at the aforesaid time and place, fraudulently and dishonestly used the Perpetual Lease Deed and title documents of guarantor Smt. Swaran Lata for sanction of cash credit limit/loan knowing or having reasons to believe the said documents are forged and thereby committed an offence punishable U/s. 471 IPC and within the cognizance of this Court.
I hereby direct you to be tried by this court for the aforesaid charges.
CMM(South) Saket Courts New Delhi/13.02.2015
The charge is read over and explained to the accused persons in vernacular language and they are questioned as under:Ques.: Do you plead guilty or claim trial ?Ans. I plead not guilty and claim trial.
RO & AC (VIVEK KUMAR GULIA)
Chief Metropolitan Magistrate (South) Saket Courts, New Delhi/13.02.2015
FIR No. 880/04PS R.K. PuramChargesheet no.1
CHARGE
I, Vivek Kumar Gulia, Chief Metropolitan Magistrate (South), Saket Courts Complex, New Delhi do hereby charge you accused C.M. Manaktala son of late Sh. Ascharj Lal as under :
That you, in and around 2002, at UCO Bank, Somvihar Branch, New Delhi, and other places of Delhi, alongwith coaccused Surender Kapoor and N.C. Mishra, agreed to cheat the complainant bank UCO, by inducing it to sanction a loan on the basis of forged documents; commit criminal breach of trust by omitting to verify documents and to rely on false nonencumbrance/search report filed in respect of property no. 209, Gagan Vihar, Delhi, which was mortgaged/kept as a collateral security and thereby committed an offence punishable U/s. 120B IPC and within the cognizance of this Court.
I hereby direct you to be tried by this court for the aforesaid charge.
CMM(South) Saket Courts
New Delhi/13.02.2015The charge is read over and explained to the accused in
vernacular language and he is questioned as under:Ques.: Do you plead guilty or claim trial ?Ans. I plead not guilty and claim trial.
RO & AC (VIVEK KUMAR GULIA)
Chief Metropolitan Magistrate (South) Saket Courts, New Delhi/13.02.2015
FIR No. 880/04PS R.K. PuramChargesheet no.1
CHARGE
I, Vivek Kumar Gulia, Chief Metropolitan Magistrate (South), Saket Courts Complex, New Delhi do hereby charge you accused N.C. Mishra son of late Sh. Bhim Dutt Mishra as under :
That you, in and around 2002, at UCO Bank, Somvihar Branch, New Delhi, and other places of Delhi, alongwith coaccused Surender Kapoor and C.M. Manaktala, agreed to cheat the complainant bank UCO, by inducing it to sanction a loan on the basis of forged documents; commit criminal breach of trust by omitting to verify documents and to rely on false nonencumbrance/search report filed in respect of property no. 209, Gagan Vihar, Delhi, which was mortgaged/kept as a collateral security and thereby committed an offence punishable U/s. 120B IPC and within the cognizance of this Court;
Secondly, that you, at aforesaid time and place, in the capacity of public servant, were entrusted the task of sanctioning cash credit limit to accused Surender Kapoor and you discharged your duties dishonestly by illegally sanctioning a cash credit limits of Rs. 10 lacs without verifying the title documents of the property furnished as collateral security, causing loss to nationalized Bank and thereby committed an offence punishable U/s. 409 IPC, and within the cognizance of this Court.
I hereby direct you to be tried by this court for the aforesaid charges.
CMM(South) Saket Courts
New Delhi/13.02.2015The charge is read over and explained to the accused in
vernacular language and he is questioned as under:Ques.: Do you plead guilty or claim trial ?Ans. I plead not guilty and claim trial.
RO & AC (VIVEK KUMAR GULIA)
Chief Metropolitan Magistrate (South) Saket Courts, New Delhi/13.02.2015
FIR No. 880/04PS R.K. PuramChargesheet no.1
CHARGE
I, Vivek Kumar Gulia, Chief Metropolitan Magistrate (South), Saket Courts Complex, New Delhi do hereby charge you accused Surender Kapoor S/o late Sh. Manohar Lal Kapoor as under:
That you, in and around 2002, at UCO Bank, Somvihar Branch, New Delhi, and other places of Delhi, alongwith coaccused N.C. Mishra and C.M. Manaktala, agreed to cheat the complainant bank UCO, by inducing it to sanction a loan on the basis of forged documents; commit criminal breach of trust by omitting to verify documents and to rely on false nonencumbrance/search report filed in respect of property no. 209, Gagan Vihar, Delhi, which was mortgaged/kept as a collateral security and thereby committed an offence punishable U/s. 120B IPC and within the cognizance of this Court;
Secondly, you, at the aforesaid time and place, cheated complainant bank by dishonestly inducing it to sanction loan on the basis of forged Relinquishment Deed of the aforesaid property and knowing well that credit facilities had already been obtained by using original documents of the said property and thereby committed an offence punishable U/s. 420 IPC and within the cognizance of this Court;
Thirdly, you, at the aforesaid time and place, fraudulently and dishonestly used the Relinquishment Deed dated 30.11.2002 for sanction of cash credit limit/loan knowing or having reasons to believe the said deed is forged and thereby committed an offence punishable U/s. 471 IPC and within the cognizance of this Court.
I hereby direct you to be tried by this court for the aforesaid charges.
(VIVEK KUMAR GULIA) Chief Metropolitan Magistrate (South)
Saket Courts, New Delhi/13.02.2015The charge is read over and explained to the accused in
vernacular language and he is questioned as under:Ques.: Do you plead guilty or claim trial ?Ans. I plead not guilty and claim trial.
RO & AC (VIVEK KUMAR GULIA)
Chief Metropolitan Magistrate (South) Saket Courts, New Delhi/13.02.2015
FIR No. 172/11P.S. EOWState vs. Mohd. Irshad Ahmad
13.02.2015Present : Sh. Anil Kumar Paswan, APP for the State.
IO Inspector Ravinder Malik.
Heard on application of IO for issuance of process u/s 82 Cr.P.C against accused Mohd. Irshad Ahmad. Report on NBW perused. It is seen that NBW could not be executed since the house of accused was found locked and it was informed that accused has gone out of station alongwith his family members. In view of report, it appears that serious efforts were not made to execute the warrant. Accordingly, fresh NBW be issued against accused Mohd. Irshad Ahmad for 5.03.2015.
SSP, Meerut, is directed to provide required assistance for execution of warrant. If need arises, house of accused be also raided during night for execution of warrant.
Order be given dasti to IO for compliance.
(VIVEK KUMAR GULIA) Chief Metropolitan Magistrate (South)
Saket Courts, New Delhi/13.02.2015
FIR No. 172/11P.S. EOWState vs. Mohd. Irshad Ahmad
13.02.2015Present : Sh. Anil Kumar Paswan, APP for the State.
Accused Nazmuddin Ahmad Khan on bail with counsel Sh. Dilshad A. Khan.Accused Arshad Ahmad is P.O vide order dated 31.07.2013.Accused Mohd. Irshad Ahmad @ Kalwa is absconding.
It is submitted by IO that accused Mohd. Irshad Ahmad is avoiding the arrest and more time is required to execute the warrant. IO is directed to complete the proceedings in respect of absconding accused by the next date and file report.
Put up for further proceedings on 13.05.2015.
(VIVEK KUMAR GULIA) Chief Metropolitan Magistrate (South)
Saket Courts, New Delhi/13.02.2015
FIR No. 01/2013P.S. EOWState vs. Krishan Kr. Vohra & Anr.
13.02.2015Present : Sh. Anil Kumar Paswan, APP for the State.
Accused Krishan Kumar Vohra in JC with proxy counsel.Accused Anupama Vohra on bail.IO SI Satish Dagar.
IO filed status report to the effect that FSL report has been obtained and supplementary chargesheet will be filed. Further, it is reported that anticipatory bail application of accused Mulkraj has been dismissed by Sessions Court whereas the anticipatory bail application of accused Mohinder Pal has been adjourned by High Court for 23.04.2015.
In view of this, further investigation report be filed on 13.03.2015. (Ruhnumai 27.02.2015).
(VIVEK KUMAR GULIA) Chief Metropolitan Magistrate (South)
Saket Courts, New Delhi/13.02.2015
DE no. 04/14Fact finding inquiry against concerned official
13.02.2015Statement of Sh. R.N. Gupta retired Supterintendent, R/o. C27, Vishal Colony, Nanloi, Delhi 110 041.On S.A
I was posted as Superintendent, Administration, in Patiala House Courts from 1.9.2000 to 2001. At that time, the Superintendent, Administration used to look after the work of computer branch and computer branch was maintaining leave record of the Court officials posted in Patiala House Courts. After my transfer in 2001, the record was handed over to my successor. Since matter is very old, I am not in a position to disclose exactly as to from whom I received the leave record and as to whom the leave record was handed over.
RO & AC(VIVEK KUMAR GULIA)
Chief Metropolitan Magistrate (South) Saket Courts, New Delhi/13.02.2015
FIR No. 94/15 P.S. Fatehpur BeriState vs. Lallan YadavU/s 363/376 IPC & 4 POCSO Act.
13.02.2015Present : Sh. Anil Kumar Paswan, APP for the State.
Complainant/victim Ms. Jyoti alongwith L/Ct. Asunta.I.O SI Surekha.
Order dated 13.02.2015 of Ld. ASJ01, South, Saket Courts, New Delhi, perused. The application of IO U/S 164 Cr.P.C for recording the statement of complainant/victim is assigned to Ms. Preeti Parewa, Ld. M.M02 (NI Act), South, Saket Courts, New Delhi, for today itself.
IO is directed to produce the complainant/victim before Ld. M.M immediately.
(VIVEK KUMAR GULIA) Chief Metropolitan Magistrate (South)
Saket Courts, New Delhi/13.02.2015
DD No. 19PP dated 12.02.2015P.S. Safdarjung Enclave
13.02.2015Present : Sh. Anil Kumar Paswan, APP for the State.
SI Balbir Singh, PP. Safdarjung Hospital.
Heard. This is an application moved for conducting inquest proceedings in respect of accused Vishal Arora son of Sh. Vishwanath, an under trial prisoner lodged in Bhondsi Jail, Gurgaon, who was admitted for treatment in Safdarjung Hospital on 10.02.2015 and died during his treatment on 12.02.2015. In view of the same, application of IO u/s 176 Cr.P.C for conducting the inquest proceedings of said under trial prisoner is hereby assigned to Shri Deepak KumarII, Ld. Relieving Judge, (South), Saket Courts, New Delhi.
IO is directed to appear before said officer immediately for seeking further directions.
(VIVEK KUMAR GULIA) Chief Metropolitan Magistrate (South)
Saket Courts, New Delhi/13.02.2015
FIR No. 270/10P.S. Fatehpur Beri (EOW)Untrace Report
13.02.2015Present : Sh. Anil Kumar Paswan, APP for the State.
IO SI Rajesh Kumar Sah.
IO filed status report to the effect that the revenue authorities have still not given the required clarification and Sunder Kumar and Rajesh Kumar have not joined the investigation. CDs seen. It is observed that after last date, IO has not taken any serious efforts to investigate into the matter. In view of this, IO is directed to make efforts to conclude the investigation by the next date failing which adverse order would be passed.
Further notice be issued to concerned ACP to look after the matter and give explanation on the next date, in case the investigation is not completed.
Put up for further proceedings on 29.04.2015.
(VIVEK KUMAR GULIA) Chief Metropolitan Magistrate (South)
Saket Courts, New Delhi/13.02.2015
FIR No. 876/99P.S. Malviya Nagar (CB)State vs. Dharam Singh & Ors.
13.02.2015Present : None for the State.
Accused Dharam Singh, Kamal Singh and Jagbir on bail.Accused Padam Singh and Jele Singh are absent.IO retired ACP B.M. Sharma.
Separate applications for exemption from personal appearance have been moved on behalf of accused Padam Singh and Jele Singh. Heard. In view of reasons stated in the applications, same are allowed.
It is submitted by IO that he has noted down the details of all the relevant documents but the documents are not flagged. It be flagged today itself and Ld. APP be briefed.
In view of this, put up for consideration on application u/s 300 Cr.P.C on 05.03.2015.
(VIVEK KUMAR GULIA) Chief Metropolitan Magistrate (South)
Saket Courts, New Delhi/13.02.2015
CC No. 52/1/14P.S. Crime BranchAvdhesh Mittal & Anr vs. NC.Bansal.
13.02.2015Present : Sh. S.S. Wani, counsel for applicants.
Adjournment sought by counsel for applicants for making submissions. Final opportunity granted.
Put up for remaining arguments on application u/s 340 Cr.P.C on 17.03.2015.
(VIVEK KUMAR GULIA) Chief Metropolitan Magistrate (South)
Saket Courts, New Delhi/13.02.2015
FIR No. 34/09P.S. S.J. EnclaveCancellation Report
13.02.2015Present : Sh. Anil Kumar Paswan, APP for the State.
Sh. A.K. Singh, counsel for proposed accused.Complainant Ms. Suman Sarna with counsel Sh. Sukhbir Singh.
It is stated that matter is likely to be settled alongwith the cross case / cancellation report bearing FIR No. 35/09, P.S. S.J. Enclave. Heard. It appears to the Court that there exist elements of settlement which may be acceptable to the parties and thus the case may be referred to Mediation Cell. Separate Mediation Referral Order signed by both the parties is passed.
In view of above, case is referred to Mediation Cell. Both the parties are directed to appear before Ld. Judge Incharge, Mediation Centre at District Court Complex, Saket, on 21.02.2015 at 12.00 Noon.
Ahlmad is directed to send the relevant records to the Mediation Centre well within time.
Be listed for report on compromise between the parties, if any, otherwise for further proceedings on 23.03.2015.
(VIVEK KUMAR GULIA) Chief Metropolitan Magistrate (South)
Saket Courts, New Delhi/13.02.2015
FIR No. 35/09P.S. S.J. Enclave (CB)Cancellation report
13.02.2015Present : Sh. Anil Kumar Paswan, APP for the State.
Sh. A.K. Singh, counsel for complainant.Ms. Suman Sarna, proposed accused in person with counsel Sh. Sukhbir Singh.
It is stated that matter is likely to be settled alongwith the cross case / cancellation report bearing FIR No. 34/09, P.S. S.J. Enclave. Heard. It appears to the Court that there exist elements of settlement which may be acceptable to the parties and thus the case may be referred to Mediation Cell. Separate Mediation Referral Order signed by both the parties is passed.
In view of above, case is referred to Mediation Cell. Both the parties are directed to appear before Ld. Judge Incharge, Mediation Centre at District Court Complex, Saket, on 21.02.2015 at 12.00 Noon.
Ahlmad is directed to send the relevant records to the Mediation Centre well within time.
Be listed for report on compromise between the parties, if any, otherwise for further proceedings on 23.03.2015.
(VIVEK KUMAR GULIA) Chief Metropolitan Magistrate (South)
Saket Courts, New Delhi/13.02.2015
FIR No. 386/1994PS Malviya Nagar
13.02.2015 State v. Vijay Bhardwaj and othersPresent : Sh. Anil Kumar Paswan, APP for the State.
Proceedings against accused Vijay Bhardwaj abated vide oder dated 01052014.Proceedings against accused Kamlesh Kumar abated vide order dated 30062014.Accused Ramesh Dahiya is P.O vide order dated 01042014.Proceedings against accused Subhash Ruhel abated vide order dt. 24072014.Accused A.K. Singh is absent, his personal appearance is exempted through counsel Shri Jayant Tiwari vide order dated 16122011.Sh. Jayanti Tiwari, counsel for accused A.K. Singh.Accused Rajpal Kundu, R.C Budhiraja and Moninuddin on bail with counsel Shri Suresh Antil.Accused Rajesh Chhikara on bail with counsel Sh. V.N. Jha.Accused Sunil Gulia is absent.Accused Hitesh Sandhu on bail.
Application for exemption from personal appearance has been moved on behalf of accused Sunil Gulia. Heard. In view of reasons stated in the application, same is allowed.
PW17 retired Inspector K.K. Gaur is present for his remaining cross examination. However, it is stated on behalf of accused Hitesh Sandhu that his counsel Sh. Jagdeep Vats, who was to cross examine the witness, is not well. In the interest of justice, final opportunity is granted to all the accused persons for remaining cross examination of PW17 since the case is very old. The witness is bound down for the date already given i.e 28.02.2015.
(VIVEK KUMAR GULIA) Chief Metropolitan Magistrate (South)
Saket Courts, New Delhi/13.02.2015
CC No.107/1/SCorporation Bank vs. DipenderSingh Tomar
13.02.2015 This is 2nd call at 2.20 PM.
Present : None.
SHO P.S. Sangam Vihar failed to file report in terms of last order. Issue notice u/s 60/122 of DP Act against SHO P.S. Sangam Vihar for NDOH.
Put up for further proceedings on 28.02.2015 at 2.00 PM.
(VIVEK KUMAR GULIA) Chief Metropolitan Magistrate (South)
Saket Courts, New Delhi/13.02.2015
FIR No. 795/04P.S. R.K. PuramState vs. Rajeev Kr. Pal
13.02.2015 File received from Plea Bargaining Court unsettled.
Present : Sh. Anil Kumar Paswan, APP for the State. Accused is absent.
Put up for appearance of accused on 12.03.2015.
(VIVEK KUMAR GULIA) Chief Metropolitan Magistrate (South)
Saket Courts, New Delhi/13.02.2015
FIR No. 196/11P.S. EOWState vs. Satish Kumar Sharma
13.02.2015 File taken up today on an application moved by
applicants/accused Narinder Pal Singh seeking permission to visit Italy.Present : Sh. Anil Kumar Paswan, APP for the State.
Sh. Rakesh Malviya, counsel for applicant.
Heard. It is mentioned that applicant needs to visit Italy for business purpose for 10 days from 16.02.2015 to 26.02.2015. It is observed that earlier also Court has granted permission to accused Narinder Pal Singh several times to visit foreign countries and he has not misused it.
In the facts & circumstances of the case, application is allowed.
Put up on the date fixed i.e. 28.04.2015.
(VIVEK KUMAR GULIA) Chief Metropolitan Magistrate (South)
Saket Courts, New Delhi/13.02.2015