Delhi High Court - Orders
Gaurang Kanth & Anr vs State ( Nct Of Delhi) & Ors on 9 July, 2021
Author: Yogesh Khanna
Bench: Yogesh Khanna
$~38
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1277/2016
GAURANG KANTH & ANR ..... Petitioners
Through : Ms.Biji Rajesh, Advocate.
versus
STATE ( NCT OF DELHI) & ORS ..... Respondents
Through : Mr.Ranbir Singh Kundu, ASC for the
State with IO/Insp. Vinod Gandhi
from EOW.
Mr.Simon Benjamin, Advocate with
R-3 in person.
CORAM:
HON'BLE MR. JUSTICE YOGESH KHANNA
ORDER
% 09.07.2021
1. The hearing has been conducted through Video Conferencing. Crl.M.A.Nos.10220/2021 and 2795/2019
2. Crl.M.A.No.10220/2021 is moved by the petitioners for withdrawal of pending Crl.M.A.No.2795/2019 on the ground the cancellation report has since been accepted by the learned Trial Court on 23.09.2019.
3. The petitioner filed this writ petition with the following prayer :
a) An appropriate Writ order or direction in the nature of certiorari setting aside and quashing F.I.R. No. 0255/2016 registered at P.S. Jamia Nagar, New Delhi alleging commission of offence by the Petitioners under section 420/468/471/120B/34 of the Indian Penal Code and the proceedings arising therefrom;
4. On 26.04.2016 the following order was passed :
W.P.(CRL) 1277/2016 and Crl. MA No. 6690/2016 (Stay) Issue notice.
Mr. Rahul Mehra, learned Standing Counsel (Crl.) accepts notice on behalf of the official respondent and prays for time to file a counter affidavit. Let the counter affidavit be filed within a period of four weeks from today with an advance copy to counsel for the Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:09.07.2021 17:00 petitioners, who may file rejoinder thereto, if any, before the next date of hearing.
Upon the petitioners taking necessary steps within one week, issue notice to respondent no. 3 by all permitted modes including dasti, returnable on 16th August, 2016.
Mr. Rahul Mehra, learned Standing Counsel (Crl.) appearing on behalf of the police, on instructions from SI Varun, Police Station- Jamia Nagar, Delhi, states that they will not take any coercive action against the petitioners herein, till the next date of hearing.
Directed accordingly.
Mr. Gopal Subramaniam, learned senior counsel appearing on behalf of the petitioners assures this Court that in the event, the latter are required for investigation in the subject FIR, they will present themselves before the concerned Investigating Officer and co-operate with the investigation.
5. Thereafter on 06.03.2017 this petition was disposed of vide following order :
Mr. Kundu states that closure report has already been filed by the State in this case. In these circumstances, this petition is disposed of as infructuous. However, in case the said closure report is not accepted, it shall be open to seek revival of the petition at the appropriate stage.
6. However, prior to the order dated 23.09.2016 i.e. on 04.02.2019 the revival application was filed by the petitioner herein viz. bearing Crl.M.A.No.2795/2019. The said application was kept pending and hence now this application Crl.M.A.No.10220/2021 is filed for withdrawing Crl.M.A.No.2795/2019 stating interalia since closure report has been accepted, so there is no use to continue with Crl.M.A.No.2795/2019.
7. The grievance of learned counsel for the respondent is this matter has been delayed as, firstly, Crl.M.A.No.2795/2019 was filed prematurely and secondly not immediately after the closure report was accepted on Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:09.07.2021 17:00 23.09.2019.
8. Heard.
9. The closure report was accepted on 23.09.2019 but thereafter the only date given by this Court was 24.10.2019 on which date the court was on leave and thereafter this petitioner was never listed, hence this application, Crl.M.A.No.10220/2021 now is filed.
10. No deliberate fault can be found in view of the above and hence the application is allowed and accordingly Crl.M.A.No.2795/2019 stands dismissed as withdrawn.
11. In view of above order, Crl.M.A.No.10220/2021 stands disposed of.
YOGESH KHANNA, J.
JULY 09, 2021 VLD Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:09.07.2021 17:00