Delhi High Court - Orders
Syed Shahbaz Hussain & Anr vs Govt. Of Nct Of Delhi & Anr on 3 June, 2022
$~21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 2876/2022, CRL.M.A. 11890-92/2022
SYED SHAHBAZ HUSSAIN & ANR. ..... Petitioners
Through: Mr.Mohit Mathur, Senior Advocate,
Ms. Pinky Anand, Senior Advocate
along with Mr. Vikas Arora and Mr.
Ripudaman, Advs.
versus
GOVT. OF NCT OF DELHI & ANR. ..... Respondents
Through: Mr. G.M.Farooqui, Addl.PP for State
IO SI Jyoti, PS Mandir Marg.
CORAM:
HON'BLE MS. JUSTICE POONAM A. BAMBA
ORDER
% 03.06.2022 CRL.M.A. 11890/2022 1.0 Allowed, subject to just exceptions. Application is disposed of accordingly. CRL.M.C. 2876/2022 2.0 Issue notice. 2.1 Mr.G.M. Farooqui, Ld. Addl.PP accepts notice on behalf of respondent no. 1/State. 2.2 Ld. Prosecutor requests for time to file status report. 3.0 Let status report be filed within 04 weeks. 4.0 List the matter on 25.08.2022. CRL.M.C. 2876/2022 Page 1 of 3 Signature Not Verified Digitally Signed By:GEETA JOSHI Signing Date:10.06.2022 16:12:52
5.0 At this stage, Ld. Senior Counsel for petitioners presses their application for stay of the impugned order.
5.1 Same is taken up.
CRL.M.A. 11891/20226.0 Vide this petition, the petitioner has sought setting aside of impugned judgment/order dated 31.05.2022 passed by Ld. ASJ-05, Patiala House Court, New Delhi in Criminal Revision No. 254/2018. 6.1 It is submitted by ld. Counsel for petitioners that the complainant/prosecutrix had filed an application under Section 156(3) Cr.PC vide CC No. 7283/2018 seeking directions for registration of FIR against the petitioners herein. Ld. Magistrate-04, Patiala House Court, New Delhi, declined to direct registration of FIR against the petitioners and dismissed, the said application, vide order dated 25.06.2018. The order of Ld. Magistrate was challenged by the complainant by way of revision petition bearing Revision No. 254/2018 before the Ld. ASJ-05, Patiala House Court, New Delhi.
6.2 Ld. Counsel for petitioners further submits that Ld. ASJ without hearing the petitioners herein, disposed of the aforesaid revision petition vide order dated 31.05.2022 and while setting aside the order of Ld. Magistrate, directed SHO, PS Mandir Marg to register FIR. 6.3 Ld. Senior Counsel for the petitioners further submits that although they were made parties by the complainant/prosecutrix, Ld. ASJ did not issue any notice to them and passed the order without notice to/hearing the petitioners, which could not have been done. In support, ld. Senior Counsel for petitioners places reliance upon the judgment titled as Manharibhai CRL.M.C. 2876/2022 Page 2 of 3 Signature Not Verified Digitally Signed By:GEETA JOSHI Signing Date:10.06.2022 16:12:52 Muljibhai Kakadia & Anf. Vs. Shaileshbhai Mohanbhai Patel & Ors., (2012) 10 SCC 517.
7.0 Vide this application, the petitioners have prayed for stay of operation of order dated 31.05.2022, whereby Ld. ASJ has directed SHO, PS Mandir Marg to register the FIR within 24 hours on receipt of copy of the order. 7.1 It is submitted that FIR is yet to be registered. 8.0 Ld. Senior Counsel for petitioners further submits that in case FIR is registered, purpose of this application would be defeated. 9.0 It appears that the petitioners herein were not heard by Ld. ASJ, before passing the impugned order. In view of the same, the impugned order of Ld. ASJ, dated 31.05.2022 is stayed till the next date of hearing. 10.0 Copy of this order be given dasti under the signatures of Court Master.
POONAM A. BAMBA, J JUNE 3, 2022/manju Click here to check corrigendum, if any CRL.M.C. 2876/2022 Page 3 of 3 Signature Not Verified Digitally Signed By:GEETA JOSHI Signing Date:10.06.2022 16:12:52