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Delhi High Court - Orders

Courts On Its Own Motion In Re: Suicide ... vs Unknown on 24 July, 2024

Author: Prathiba M. Singh

Bench: Prathiba M. Singh, Amit Sharma

                                    $~44
                                    *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +            W.P.(CRL) 793/2017
                                         COURTS ON ITS OWN MOTION IN RE: SUICIDE COMMITTED
                                         BY SUSHANT ROHILLA, LAW STUDENT OF I.P. UNIVER
                                                                                     .....Petitioner
                                                       Through: Mr. Dayan Krishnan, Sr. Advocate
                                                                 (Amicus) with Mr. Sukrit Sen,
                                                                 Advocate.

                                                                                      versus
                                                .......                                                                             .....Respondent
                                                                                      Through:                 Mr. Raajan Chawla, Mr. Gautam
                                                                                                               Chauhan and Mr. Shyam Singh,
                                                                                                               Advocates for R-1.
                                                                                                               Mr. Keshav Datta and Mr. Rupal
                                                                                                               Luthra, Advocates for Intervenor.
                                                                                                               Mr. Yashvardhan, Ms. Kritika Nagpal,
                                                                                                               Mr. Gyanendra Shukla and Mr. Pranav
                                                                                                               Das, Advocates for R-8.
                                                                                                               Mr. S.D. Sharma, Advocate for R-25.
                                                                                                               Ms. Anju Bhushan Gupta, Mr. Aditya
                                                                                                               Goel and Mr. Sanyam Gupta,
                                                                                                               Advocates for R-33/TERI-SAS.
                                                CORAM:
                                                JUSTICE PRATHIBA M. SINGH
                                                JUSTICE AMIT SHARMA
                                                            ORDER

% 24.07.2024

1. This hearing has been done through hybrid mode.

CRL.M.A. 21547/2024

2. The present application has been filed under Section 482 Cr.P.C. on behalf of the sister of the deceased student, Mr. Sushant Rohilla seeking modification of paragraph 2 and 3 of the order dated 22nd February, 2024 to the effect that 2 more months extension be granted to her from 25th July, 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 25/07/2024 at 03:44:44 2024, to address arguments before the learned Metropolitan Magistrate.

3. Vide order dated 22nd February, 2024 the predecessor bench of this Court had permitted the Applicant/sister of the deceased to address arguments in support of her protest petition against the closure report which was filed with regard to the incident of suicide committed by Mr. Sushant Rohilla. The Court had also directed that the protest petition shall be decided within two months from the next date fixed before the learned Metropolitan Magistrate. The relevant portion of the order dated 22nd February, 2024 is extracted hereunder:

"2. Learned counsel for the parties inform this Court that as regards the incident of suicide, a closure report has been filed. The sister of the deceased has also filed a protest petition before the learned Trial Court somewhere in the year 2018. However, till date, the learned Trial Court has not taken any decision.
3. In view of the above, while exercising powers under Article 227 of the Constitution of India, we, hereby, direct the learned Trial Court to decide the cancellation report and related protest petition within two months from the next date fixed before it after giving an opportunity to learned counsel for the parties concerned. Needless to say, learned Trial Court shall decide the same without being influenced by the observations made in any of the orders passed by this Court in the present writ petition and without prejudice to the proceedings pending before this Court."

4. Considering the facts and circumstances explained in the application, the period specified in Paragraphs 2 and 3 of the order dated 22nd February, 2024 is further extended by two months from 25th July, 2024.

5. Counsel for the Applicant shall cooperate with the learned Metropolitan Magistrate and conclude submissions in the protest petition expeditiously so that the two months period for deciding the closure report in 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 25/07/2024 at 03:44:44 the protest petition can be adhered to by the concerned Magistrate.

6. The application is disposed of.

W.P.(CRL) 793/2017

7. All the parties including the Amicus Curiae to file the written note of submissions on all aspects they wish to address before the Court, by the next date of hearing.

8. List on 21st August, 2024.

PRATHIBA M. SINGH, J.

AMIT SHARMA, J.

JULY 24, 2024/MR/pr 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 25/07/2024 at 03:44:45