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Delhi High Court - Orders

Shabnam Hashmi vs State Of Nct Of Delhi & Anr on 21 April, 2022

Author: Anoop Kumar Mendiratta

Bench: Anoop Kumar Mendiratta

                          $~46
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +    CRL.M.C. 1741/2022
                               SHABNAM HASHMI
                                                                                ..... Petitioner
                                               Through: Mr. Soutik Banerjeet and Ms. Mannat
                                                        Tipnis, Advocates.

                                                   versus

                                STATE OF NCT OF DELHI & ANR.
                                                                                    ..... Respondents
                                                   Through:     Dr. M.P. Singh, APP for the State

                                CORAM:
                                HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
                                                   ORDER

% 21.04.2022 Crl. M.A. No.7395/2022 Allowed, subject to all just exceptions. The application is accordingly disposed of. CRL.M.C. 1741/2022 & Crl. M.A. No.7394/2022 (stay) Issue notice. Learned APP for the State appears on advance notice served upon the State and accepts notice.

Learned counsel for the petitioner prays for an ad-interim ex-parte stay of proceedings in Crl. Case 5612/2021, titled "State v Shabnam Hashmi", arising from FIR No. 222/2020 Police Station Dwarka South and submits that the cognizance of the offence punishable under Section 188 of IPC by the learned Trial Court is bad in law for want of complaint under Section 195 of Cr.PC. Reliance is placed upon Mohan Kukreja Vs. State Govt. Of NCT of Delhi and Another, 2019 SCC OnLine Del 6398.

Learned APP for the State seeks time to file the Status report. Let the Signature Not Verified Digitally Signed By:DINESH CHANDRA Signing Date:22.04.2022 11:33:12 same be filed within three weeks with advance copy to the counsel for the petitioner.

Let a digital copy of the learned Trial Court be also summoned. Considering the facts and circumstances of the case, the proceedings pending before the learned Trial Court shall be subject to final orders to be passed in the present petition.

List on 25.08.2022.

A copy of this order be forwarded to learned Trial Court for necessary information and compliance.

ANOOP KUMAR MENDIRATTA, J APRIL 21, 2022/A Signature Not Verified Digitally Signed By:DINESH CHANDRA Signing Date:22.04.2022 11:33:12