Dr. Shashi Tharoor vs State & Anr on 16 October, 2020

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Delhi High Court - Orders

Dr. Shashi Tharoor vs State & Anr on 16 October, 2020

Bench: Suresh Kumar Kait

$~15
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CRL.M.C. 1394/2020
       DR. SHASHI THAROOR                                 ..... Petitioner
                          Through       Mr. Kapil Sibbal, Sr. Adv. and
                                        Mr.Vikas Pahwa, Sr. Adv. with
                                        Mr.Gaurav Gupta, Mr. Muhammad
                                        A. Khan, Mr. Swastik Dalai,
                                        Mr.Nizam Pasha, Mr. Adit Pujari and
                                        Mr. Sumer Boparai, Advs.
                          versus
       STATE & ANR.                                       ..... Respondents
                          Through       Mr. Hirein Sharma, APP for the State
                                        Mr. Piyus Beriwal, Mr. Neeraj,
                                        Mr.Ajay Digpaul, Mr. Amit Tiwari,
                                        Mr. Ankit Raj and Mr. Sidharth
                                        Khatana, Advs.
       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT
                    ORDER

% 16.10.2020 The hearing has been conducted through video conferencing. Crl. M.A.5382/2020 (Exemption) Crl. M.A.14248/2020 (Exemption)

1. Allowed, subject to all just exceptions.

2. Applications are disposed of.

Crl. M.A.14247/2020 (early hearing)

3. Learned counsel for the applicant does not wish to press the present application.

4. Accordingly, the present application is dismissed as not pressed.

CRL.M.C. 1394/2020 Page 1 of 3

Crl.M.C.1394/2020 & Crl.M.A. 5381/2020 (stay)

5. The present petition has been filed by the petitioner under Section 482 Cr.P.C. for setting aside order dated 27.04.2019 passed by the learned Additional Chief Metropolitan Magistrate-I, Rouse Avenue District Court, Delhi in Complaint Case No.23/2019 whereby order for issuance of summons was passed against the petitioner for alleged commission of offence punishable under Section 500 IPC. Further, seeks quashing of complaint dated 02.11.2018 filed by respondent No.2 and emanating proceedings therefrom.

6. Learned counsel for the respondent No.2 has opposed the present petition by stating that the petitioner deliberately delayed the proceedings before the Trial Court due to which cost was imposed upon the petitioner. Thus, if this Court is inclined to issue notice in the present petition, at least no interim order may be passed.

7. It is not in dispute that summoning order was issued by the Trial Court vide order dated 27.04.2019 and now the case is listed on 17.10.2020 for framing of notice. The present petition has been filed challenging the locus of the respondent No.2/complainant and seeking quashing of summoning order dated 27.04.2019 as the complaint is not maintainable in view of Section 199 Cr.P.C.

8. Notice issued.

9. Learned APP for the State accepts notice and submits that no status report is required to be filed in the present case.

10. Learned counsel for the respondent No.2 accepts notice and seeks time to file reply within 3-4 weeks.

11. Let needful be done within 4 weeks with advance copy to the other CRL.M.C. 1394/2020 Page 2 of 3 side. Rejoinder thereto, if any, may be filed within 2 weeks thereafter.

12. Renotify on 09.12.2020.

13. Till further orders, the proceedings pending before the Trial Court shall remain stayed.

14. The order be uploaded on the website forthwith.

SURESH KUMAR KAIT, J OCTOBER 16, 2020/rk CRL.M.C. 1394/2020 Page 3 of 3

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Delhi High Court - Orders