Nayati Healthcare And Research Ncr Pvt. ... vs Union Of India Ministry Of Home Affairs ... on 5 December, 2022

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Delhi High Court - Orders

Nayati Healthcare And Research Ncr Pvt. ... vs Union Of India Ministry Of Home Affairs ... on 5 December, 2022

Author: Jasmeet Singh

Bench: Jasmeet Singh

                          $~68
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      W.P.(CRL) 2871/2022
                                 NAYATI HEALTHCARE AND RESEARCH NCR PVT. LTD. AND
                          ORS.THROUGH ITS AUTHORIZED REPRESENTATIVE SH. SATISH
                          KUMAR NARULA & ORS.                                         ..... Petitioners
                                                    Through:       Mr. Giriraj Subramanium, Mr.
                                                                   Simarpal Singh Sawhney, Mr.
                                                                   Siddhant Juyal, Advs.

                                                    versus

                                 UNION OF INDIA MINISTRY OF HOME AFFAIRS THROUGH
                          ITS STANDING COUNSEL & ANR.                                 ..... Respondents
                                                    Through:       Mr. Anurag Ahluwalia, CGSC for R-
                                                                   1
                                                                   Mr. Zoheb Hossain, Mr. Vivek
                                                                   Gurnani, Advs.
                                 CORAM:
                                 HON'BLE MR. JUSTICE JASMEET SINGH
                                                    ORDER

% 05.12.2022 CRL.M.A. 25055/2022 Exemption allowed, subject to all just exceptions. Application stands disposed of.

W.P.(CRL) 2871/2022 This is a petition seeking quashing of ECIR bearing No. ECIR/51/DLZO-II/2021 dated 15.06.2021.

It is stated that the ECIR is based on an FIR bearing No. 175/2020 dated 04.11.2020 u/s 409/420/467/468/471/120B IPC.

Signature Not Verified Digitally Signed byAMIT ARORA Signing Date:08.12.2022 14:42:23

The said FIR has been settled and quashed by this court and since the fountain head of the ECIR i.e. the FIR has been quashed, the ECIR cannot be permitted to be continued.

Issue notice. Mr. Hossain, learned special counsel accepts notice, seeks and is granted 4 weeks to file a response/status report.

CRL.M.A. 25054/2022

This is an application seeking stay of investigation in ECIR No. ECIR/51/DLZO-II/2021 dated 15.06.2021registered on the basis of FIR No. 175/2020 dated 04.11.2020 by EOW.

Since the FIR in question has been quashed on the basis of the settlement by this Court on 20.09.2022, I am prima facie of the view that the ECIR also needs to be closed by the respondent.

Issue notice. Mr. Hossain, learned counsel accepts notice, seeks and is granted 4 weeks to file a response.

In view of the above, the investigation in ECIR No. ECIR/51/DLZO- II/2021 dated 15.06.2021 shall remain stayed till the next date of hearing.

List on 21.03.2023.

JASMEET SINGH, J DECEMBER 5, 2022/dm Click here to check corrigendum, if any Signature Not Verified Digitally Signed byAMIT ARORA Signing Date:08.12.2022 14:42:23

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Delhi High Court - Orders