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Delhi High Court - Orders

Mrs. A vs State Of Nct Of Delhi And Anr on 20 August, 2024

Author: Dinesh Kumar Sharma

Bench: Dinesh Kumar Sharma

                                    $~70
                                    *           IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +           CRL.M.C. 6446/2024
                                                MRS. A                                                                            .....Petitioner
                                                                                      Through:                 Mr. S.P. Kaushal, Adv.
                                                                                      versus

                                                STATE OF NCT OF DELHI AND ANR.            .....Respondents
                                                              Through: Ms. Kiran Bairwa, APP for the State
                                                CORAM:
                                                HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
                                                         ORDER

% 20.08.2024 CRL.M.A. 24647/2024 (exemption) Exemption is allowed subject to all just exceptions.

CRL.M.C. 6446/2024

1. The present application has been filed seeking cancellation of bail of accused Lalita in case FIR No.412/2023, PS Binda Pur, under Sections 498A/354/306/34 IPC.

2. Mr. S. P. Kaushal, learned counsel for the petitioner submits that this Court vide order dated 17.08.2023 granted interim protection to Ms. Lalita subject to certain conditions which inter alia included, filing of an application to recall the process under Section 82 of Cr. PC. Learned counsel further submits that thereafter, the chargesheet was filed, the present application was disposed of as infructuous vide order dated 10.10.2023.

3. Learned counsel for the petitioner submits that Ms. Lalita/respondent No.2 never moved an application for recall of process under Section 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 24/08/2024 at 05:20:26 82 Cr. PC before the learned Trial Court and therefore in terms of order dated 17.08.2023, the interim protection granted, stands seized. It has been submitted that the respondent No.2 is enjoying the bail without having any bail order and without even joining the investigation.

4. Issue notice.

5. Learned APP for the State accepts the notice and seeks time to file the status report.

6. Let status report be filed.

7. Let respondent No.2 be served through IO, returnable on 26.09.2024.

DINESH KUMAR SHARMA, J AUGUST 20, 2024 Pallavi/KR 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 24/08/2024 at 05:20:26