Delhi High Court - Orders
Dr S Jaitley And Anr vs The State (Govt. Of Nct Of Delhi on 21 March, 2023
Author: Amit Sharma
Bench: Amit Sharma
$~77
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 808/2023 & CRL.M.A. 7393/2023 (Stay)
DR S JAITLEY AND ANR ..... Petitioners
Through: Petitioner no. 2 in person.
versus
THE STATE (GOVT. OF NCT OF DELHI ..... Respondent
Through: Mr. Sanjeev Bhandari, ASC (CRL)
with Mr. Kunal Mittal & Mr. Saurabh
Tanwar, Advocates for State.
SI Parveen Kumar, P.S. Lahori Gate.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
ORDER
% 21.03.2023 CRL.M.A. 7394/2023 Exemption
1. Exemption allowed, subject to just exceptions.
2. The application is disposed of accordingly. W.P.(CRL) 808/2023 & CRL.M.A. 7393/2023 (Stay)
3. The present writ petition under Article 226 & 227 of the Constitution of India read with Section 482 of the Cr.P.C. seeks the following prayers:
"A. DIRECT THE QUASHING OF CASE FIR NO.106/21, U/S 452/427/323/506/34 IPC,P.S. LAHORI GATE, NORTH DELHI AND ANY AND ALL CONSEQUENTIAL ADD RELATED PROCEEDINGS STEMMING THEREFROM.
B. DIRECT THE IMMEDIATE EFFECTIVE STAY ON ALL PROCEEDINGS RELATED TO OR STEMMING FROM SUBJECT FIR 106/2021 FOR THE PENDENCY OF THIS PETITION, C. DIRECT CBI INQUIRY AND/OR INQUIRY / INVESTIGATION BY AN INDEPENDENT AGENCY (SIT, STF, ETC.) INTO THE REGISTRATION OF SUBJECT FIR 106/2021 AS THIS HONORABLE COURT DEEMS MOST FIT AND APPROPRIATE GIVEN THE FACTS AND CIRCUMSTANCES OF THE CASE, D. DIRECT THE ESTABLISHMENT / CONSTITUTION OF A SIT, STF, OR OTHER APPROPRIATE INVESTIGATION TEAM Signature Not Verified Digitally Signed By:ANITA BAITAL Signing Date:24.03.2023 14:45:44 INDEPENDENT OF NORTH DISTRICT DELHI POLICE AND ITS INFLUENCES FOR THE PURPOSES OF INVESTIGATING ANY NEW COMPLAINTS SUBMITTED FOR FIR REGISTRATION AGAINST THE PETITIONERS E. DIRECT THE NORTH DISTRICT DELHI POLICE a. NOT TO REGISTER ANY FURTHER/NEW FIRSAGAINST THE PETITIONERS, b. AND TO FORWARD ANY NEW COMPLAINTS AGAINST THE PETITIONERS TO THE INDEPENDENT SIT, STF, OR OTHER APPROPRIATE INDEPENDENT INVESTIGATION TEAM ESTABLISHED BY THIS HONORABLE COURT F. PASS ANY OTHER WRIT, ORDER. DIRECTIONS AS TI-ITS HONORABLE COURT MAY DEEM FIT, JUST AND PROPER IN THE INTEREST OF JUSTICE, AND TO STOP THE ABUSE OF LAW AND THE LEGAL SYSTEM."
4. Petitioner no. 2, who appears in person, submits that post registration of FIR, the petitioners have settled their dispute with respondents no. 3 & 4 and entered into Memorandum of Understanding („MOU‟) dated 20.03.2021. She further submits that at this stage, she is not pressing prayers „B‟ to „F‟.
5. Issue notice.
6. Learned Additional Standing Counsel accepts notice on behalf of respondents no. 1 and 2 with respect to prayer „A‟ and seeks time to file a status report. Let the same be filed with regard to the aforesaid MOU and stage of investigation in the present FIR.
7. On the petitioners taking necessary steps, issue notice to respondents no. 3 and 4 through all permissible modes, including electronic mail, if any, returnable on 19.04.2023.
AMIT SHARMA, J MARCH 21, 2023/bsr Signature Not Verified Digitally Signed By:ANITA BAITAL Signing Date:24.03.2023 14:45:44