Tulip Multispecialty Hospital Private ... vs Akhil Saxena (Ex-Director Of Tulip ... on 13 March, 2023

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Delhi High Court - Orders

Tulip Multispecialty Hospital Private ... vs Akhil Saxena (Ex-Director Of Tulip ... on 13 March, 2023

Bench: Amit Sharma

                          $~52
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      CRL.REV.P. 245/2023 & CRL.M.A. 6395/2023 (Stay)
                                 TULIP MULTISPECIALTY HOSPITAL PRIVATE LIMITED
                                 THROUGH        ITS     AUTHORISED        REPRESENTATIVE             DR.
                                 ANURAG ARORA                                     ..... Petitioner
                                                      Through:   Mr. Tanmay Mehta, Ms. Pooja M.
                                                                 Saigal, Mr. Nipun Gupta, Mr. Abhay
                                                                 Singla, Ms. Tanya Pandey,
                                                                 Advocates.

                                                      versus

                                 AKHIL SAXENA (EX-DIRECTOR OF TULIP MULTISPECIALTY
                                 HOSPITAL PRIVATE LIMITED, NOMINEE DIRECTOR OF
                                 SHAREHOLDER/           SAXENA     MULTISPECIALTY         HOSPITAL
                                 PRIVATE LIMITED) & ANR.                          ..... Respondents
                                                      Through:

                                 CORAM:
                                 HON'BLE MR. JUSTICE AMIT SHARMA
                                              ORDER

% 13.03.2023 CRL.M.A. 6396/2023Exemption

1. Exemption allowed, subject to just exceptions.

2. The application is disposed of accordingly. CRL.REV.P. 245/2023 & CRL.M.A. 6395/2023 (Stay)

1. The present petition under Section 397 read with Section 482 of the Cr.P.C. challenges the order dated 06.02.2023, passed by learned ACMM (Special Courts), Tiz Hazari Courts, New Delhi in CC No. 5525/2020.

Signature Not Verified Digitally Signed By:ANITA BAITAL Signing Date:13.03.2023 17:12:56

2. Learned counsel appearing on behalf of the petitioner submits that the impugned order passed by learned ACMM disregards the judicial pronouncement dated 20.04.2022, rendered by a Division Bench of this Court in Crl.Ref. No. 4/2019 titled "Court On Its Own Motion v. State", whereby it was clarified that the Court of a Magistrate does not have the power to discharge the accused, upon his appearance in Court in a summons trial case. It is pointed out that the present complaint was with respect to an offence under Section 452 of the Companies Act, 2013, which is admittedly a summons trial case.

3. Issue notice.

4. On the petitioner taking necessary steps, issue notice to respondents no. 1 and 2 through all permissible modes, including electronic mail, if any returnable on 19.04.2023.

5. In the meantime, the impugned order shall remain stayed till the next date of hearing.

6. Order be uploaded on the website of this Court forthwith.

AMIT SHARMA, J MARCH 13, 2023/bsr Signature Not Verified Digitally Signed By:ANITA BAITAL Signing Date:13.03.2023 17:12:56

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Delhi High Court - Orders