Delhi High Court - Orders
Khosmendir Singh Gahunia vs M/S Lakshmi Infratel Pvt. Ltd. Through ... on 4 August, 2022
Author: Sudhir Kumar Jain
Bench: Sudhir Kumar Jain
$~14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 2856/2019
KHOSMENDIR SINGH GAHUNIA ..... Petitioner
Through: Petitioner in person.
versus
M/S LAKSHMI INFRATEL PVT. LTD.
THROUGH ITS DIRECTOR ..... Respondent
Through: None.
CORAM:
HON'BLE MR. JUSTICE SUDHIR KUMAR JAIN
ORDER
% 04.08.2022
1. The present petition is filed under section 482 Cr.P.C. against the impugned order dated 14.05.2019 passed by the Court of Shri Rajesh Kumar Singh, ASJ, South, Saket Court dismissing the revision petition bearing Cr.Rev. No. 46/2019 whereby the order dated 31.01.2019 passed by the Court of Shri Anuj Kumar Singh, MM-03(South), Saket Court dismissing the application under section 257 Cr.P.C. filed by the respondent in Case No. 58/1/2014 titled as M/s Lakshmi Infratel Pvt. Ltd. V. Khosmendir Singh Gahunia was challenged.
2. The respondent filed a complaint under section 200 Cr.P.C. titled as M/s Lakshmi Infratel Pvt. Ltd. V. Khosmendir Singh Gahunia and during the pendency of the said complaint, the respondent filed an application under section 257 Cr.P.C. for withdrawal of the complaint.
3. The Court of Shri Anuj Kumar Singh, MM-03(South), Saket Court vide order dated 31.01.2019 dismissed the application by observing that the accused/petitioner has been summoned under section 419 IPC which is grave and serious in nature and further, the respondent could not satisfy the Signature Not Verified Digitally Signed By:HARVINDER KAUR BHATIA Signing Date:08.08.2022 12:01:01 Court why he would be allowed to withdraw the complaint. Accordingly, the application under section 200 Cr.P.C. was dismissed with the cost of Rs.10,000/-.
4. The petitioner filed a revision petition bearing Cr. Rev. No. 46/2019 titled as Khosmendir Singh Gahunia V. Lakshmi Infratel Pvt. Ltd., which was dismissed vide order dated 14.05.2019 passed by the Court of Shri Rajesh Kumar Singh, ASJ, South, Saket Court by observing that it is the subjective satisfaction of the Metropolitan Magistrate to allow the withdrawal of the complaint or not.
5. The petitioner who is appearing in person argued that he being the accused, was summoned for the offence punishable under section 419 IPC and the respondent was not interested in the prosecution of his complaint as such, the complaint was allowed to be withdrawn by the Court of Shri Anuj Kumar Singh, MM-03(South), Saket Court.
6. In the present petition, the petitioner is not the person who has filed the application under section 257 Cr.P.C. before the Court of Shri Anuj Kumar Singh, MM-03(South), Saket Court. The petitioner as such does not have any locus to file the present petition and even was not having any locus to file the revision petition before the Court of Additional Sessions Judge, South District, Saket Court. Even otherwise also no interference is called in the impugned order dated 14.05.2019. Hence, the petition is dismissed.
SUDHIR KUMAR JAIN, J AUGUST 4, 2022/N Signature Not Verified Digitally Signed By:HARVINDER KAUR BHATIA Signing Date:08.08.2022 12:01:01