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Delhi High Court - Orders

Usha Rani (Through Spa Shri Radhey ... vs State (Govt Of Nct Of Delhi) Through Sho ... on 18 May, 2023

Author: Amit Sharma

Bench: Amit Sharma

                                    $~1
                                    *           IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +           CRL.M.C. 164/2023
                                                USHA RANI (THROUGH SPA SHRI RADHEY SHYAM)
                                                                                                                                    ..... Petitioner
                                                                                      Through:                 Mr. M.K. Sharma, Mr. Abhinav
                                                                                                               Sharma & Ms. Shweta Bakshi,
                                                                                                               Advocates.

                                                                                      versus

                                                STATE (GOVT OF NCT OF DELHI) THROUGH SHO PALAM
                                                VILLAGE                                                                          ..... Respondent
                                                                                      Through:                 Ms. Manjeet Arya, APP for the State
                                                                                                               with SI Naveen, P.S. Palam Village.

                                                CORAM:
                                                HON'BLE MR. JUSTICE AMIT SHARMA
                                                                  ORDER

% 18.05.2023

1. The present petition under Section 482 of the Cr.P.C. seeks the following prayers:

"It is, therefore, most respectfully prayed under the fact and circumstances that this Hon' ble court may kindly be pleased to call the record of the above said FIR bearing no. 70/2019 U/s 498-A/406/34 IPC, registered at Police Station Palam Village titled as "State Vs Rahul and Others" pending in the court of Ms. Charu Dhanker, the than MM-02 (Mahila Court) Dwarka Court, and set-aside/quashed the impugned order of summoning dt.22/1 /2020 and the proceedings arising out of the said FIR, in the interest of Justice. Pass such other or further order(s) as this Hon'ble Court deem fit and proper in the facts and circumstances of the may case in the interest of justice."

2. At the very outset, learned counsel appearing on the petitioner seeks This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/09/2023 at 15:00:20 leave to withdraw the present petition with liberty to raise the grounds taken herein before the learned Trial Court at the time of consideration of charge.

3. Leave and liberty granted.

4. Learned counsel appearing on behalf of the petitioner further submits that petitioner is suffering from paralysis and is confined to bed for more than 10 years.

5. Needless to say that on an application moved by the petitioner before learned Trial Court to seek permission to appear through video conference or through her counsel, the learned Trial Court shall decide the same in accordance with law.

6. With the aforesaid directions, the present petition is dismissed as withdrawn and disposed of accordingly.

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

AMIT SHARMA, J MAY 18, 2023/bsr This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/09/2023 at 15:00:20