Basant Goel vs State And Anr on 27 April, 2023

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Delhi High Court - Orders

Basant Goel vs State And Anr on 27 April, 2023

Bench: Jasmeet Singh

                          $~65
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      W.P.(CRL) 1180/2023
                                 BASANT GOEL                                      ..... Petitioner
                                                    Through:     Mr Vivek Sood, Sr. Adv. with Mr
                                                                 Abhishek Varma, Mr Saurabh
                                                                 Agarwal, Mr Shashwat Bhardwaj, Ms
                                                                 Manya Sharma and Ms Amrit Kaul,
                                                                 Advs.
                                                    versus

                                 STATE AND ANR                                     ..... Respondents
                                              Through:           Ms Nandita Rao, ASC for State
                                                                 Inspector Praveen Kumar, DIU/NE
                                                                 Distt.
                                                                 Mr Amit Tiwary and Mr Abhinav
                                                                 Bhardwaj, Advs. for R-2.

                                 CORAM:
                                 HON'BLE MR. JUSTICE JASMEET SINGH
                                              ORDER

% 27.04.2023 The matter has been received on transfer.

CRL.M.A. 11133/2023

Exemption allowed, subject to all just exceptions. The application stands disposed of.

W.P.(CRL) 1180/2023

1. This is a petition seeking quashing of FIR No. 0261/2023, under Sections 417/420/304/120-B IPC, registered at Police Station-Jyoti Nagar.

2. It is stated by Mr Sood, learned senior counsel that the petitioner is a chemist and has been running a chemist shop for the last 13 years. He Signature Not Verified Digitally Signed byAMIT ARORA Signing Date:04.05.2023 12:06:56 further states that in the present case, the petitioner had procured an injection from a distributor and thereafter on the request of the complainant sold the same to him. The injection was administered on 13.01.2022 to the father of the complainant who unfortunately expired on 26.02.2022. He states that there is no cause of death mentioned anywhere in the FIR. The allegations against the petitioner for selling an injection procured from the distributor cannot amount to charges under Section 304 IPC.

3. The issue needs consideration.

4. Mr Bhardwaj, learned counsel appearing on behalf of respondent No.2 states that the petitioner has a chequered history and has similar antecedents against him even in the past.

5. Issue notice.

6. Ms Rao, learned ASC accepts notice on behalf of the State.

7. Mr Amit Tiwary, learned counsel accepts notice on behalf of respondent No.2.

8. Learned counsel for the respondents seek and are granted four weeks to file a reply.

9. List before the Roster Bench on 04.07.2023.

JASMEET SINGH, J APRIL 27, 2023 sr Click here to check corrigendum, if any Signature Not Verified Digitally Signed byAMIT ARORA Signing Date:04.05.2023 12:06:56

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Delhi High Court - Orders