Delhi High Court - Orders
Gulfisha Fatima vs State Govt Of Nct Of Delhi on 18 May, 2023
Author: Siddharth Mridul
Bench: Siddharth Mridul, Rajnish Bhatnagar
$~Special DB-Item-6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.A. 211/2022
GULFISHA FATIMA ..... Appellant
Through: Mr. Sushil Bajaj, Mr. Sarim
Naved, Mr. Mohd. Shahkush, Mr.
Harsh Bora and Mr. Mohd.
Shankush, Advocates.
versus
STATE GOVT OF NCT OF DELHI ..... Respondent
Through: Mr. Amit Prasad, SPP for the State
with Ms. Ninaz Baldawala & Mr.
Ayodhya Prasad, Advocates and
Inspector Anil Kumar, P.S.:
Special Cell, Lodhi Colony.
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
HON'BLE MR. JUSTICE RAJNISH BHATNAGAR
ORDER
% 18.05.2023 CRL.M.A. 13480/2023 (Exemption) Exemption allowed, subject to just exceptions. The application is disposed of accordingly. CRL.M.A. 13479/2023 (to place certain additional facts and grounds on the record) The present application under Section 482 of the Code of Criminal Procedure, 1973, has been instituted on behalf of the applicant/appellant, praying as follows:
'In view of the facts and circumstances as stated hereinabove, it is prayed that this Hon'ble Court may be pleased to, CRL.A. 211/2022 Page 1 of 2 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 24/09/2023 at 12:48:34 a. Take the additional facts and grounds as stated in the present application on record, and, b. Consider the additional ground of parity with the co-accused persons namely Devangana Kalita and Natasha Narwal on behalf of the present Appellant, and/or, c. Pass any such other or further order as may be deemed fit in the present and in the interest of justice.' Mr. Sushil Bajaj, learned counsel appearing on behalf of Gulfisha Fatima, the applicant/appellant herein, submits that the present application is premised on the issue of parity, while relying on the order dated 02.05.2023, passed by the Hon'ble Supreme Court of India, in SLP No. 4287-4289/2021, titled as 'State of NCT of Delhi Vs. Devangana Kalita'.
Issue notice.
Mr. Amit Prasad, learned Special Public Prosecutor appearing on behalf of the State accepts notice; and prays for time to file a reply.
Let the reply be filed within two weeks from today, after providing an advance copy thereof, to learned counsel appearing on behalf of the applicant/appellant, who may file rejoinder thereto, if any, within two weeks thereafter.
List on 07.07.2023.
SIDDHARTH MRIDUL, J RAJNISH BHATNAGAR, J MAY 18, 2023/at CRL.A. 211/2022 Page 2 of 2 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 24/09/2023 at 12:48:34