Delhi High Court - Orders
Mrs. Sarla @ Sarla Devi vs Cbi on 12 May, 2023
Author: Yogesh Khanna
Bench: Yogesh Khanna
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 5043/2019, CRL.M.A. 37460/2019, 10020/2023
MRS. SARLA @ SARLA DEVI
..... Petitioner
Through: Mr.Dinesh Garg, Advocate with
petitioner in person.
versus
CBI
..... Respondent
Through: Mr.Anupam S. Sharrma, SPP with
Ms.Harpreet Kalsi, Mr.Prakarsh
Airan, Mr.Ripudaman Sharma and
Mr.Abhishek Batra, Advocates.
CORAM:
HON'BLE MR. JUSTICE YOGESH KHANNA
ORDER
% 12.05.2023
1. The petition challenges the order dated 02.09.2019 whereby an application filed by the counsel for the petitioner for dropping of the proceedings against the petitioner was dismissed. The said application was filed immediately after the deposition of PW6 the Sanctioning Authority, alleging sanction was not proper. The Court at that stage considering the deposition of PW6 had dismissed the application vide impugned order saying that there was no infirmity in the sanction.
2. It is submitted by learned counsel for the petitioner since at that stage only PW6 was recorded but now since entire evidence is recorded, the learned trial court be directed to take a holistic view qua validity of sanction in the wake of depositions of all witnesses. He relies upon Smt.Joemol Royise V. State W.P.(Crl). 1985/2019 decided on 23.07.2019.
Signature Not Verified Digitally Signed By:PRADEEP SHARMA Signing Date:15.05.2023 14:373. Learned counsel for the petitioner intends to withdraw the petition with liberty to agitate the issue of infirmity of Sanction even at the stage of final arguments when the Court would take an overall view of the matter.
4. The petition stands dismissed as withdrawn with liberty aforesaid. The Court in its final judgment be not influenced by its order dated 02.09.2019.
5. Pending applications also stands disposed of.
YOGESH KHANNA, J.
MAY 12, 2023 VLD Signature Not Verified Digitally Signed By:PRADEEP SHARMA Signing Date:15.05.2023 14:37