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Supreme Court - Daily Orders

Dharmendra Sharma vs State Nct Of Delhi on 8 May, 2014

*ITEM NO.13                        COURT NO.5                       SECTION II

               S U P R E M E         C O U R T   O F    I N D I A
                                  RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl) No(s).3651/2014

(From   the judgement    and   order dated    16/04/2014                         in    WPCRL
No.1957/2013, of The HIGH COURT OF DELHI AT N. DELHI)

DHARMENDRA SHARMA                                                    Petitioner(s)

                     VERSUS

STATE NCT OF DELHI                                                   Respondent(s)

(With appln(s) for directions,exemption from                        filing    c/c     of   the
impugned Judgment,exemption from filing O.T.)

Date: 08/05/2014      This Petition was called on for hearing today.

CORAM :
          HON’BLE MR. JUSTICE T.S. THAKUR
          HON’BLE MR. JUSTICE C. NAGAPPAN

For Petitioner(s)           Mr.   Uday Gupta,Adv.
                            Mr.   H. Dosan,Adv.
                            Ms.   Shivani M. Lal,Adv.
                            Mr.   M.K. Tripathi,Adv.
                            Mr.   Mohn Pandey,Adv.
For Respondent(s)

               UPON hearing counsel the Court made the following
                                   O R D E R

Heard.

We see no reason to interfere with the order impugned. The special leave petition is accordingly dismissed.

We however make it clear that as and when a report under Section 173 of the Cr.P.C. is filed by the investigating agency before the jurisdictional Magistrate, the petitioner shall be free to raise all contentions as are open to him in accordance with law. We further make it clear that the Magistrate concerned while deciding the case on merit shall remain uninfluenced by any observation made by the High Court.

                (Mahabir Singh)                             (Saroj Saini)
                  Court Master                               Court Master