State (Nct Of Delhi) Through Deputy ... vs Sumit Gupta And Anr on 20 December, 2022

[Cites 3, Cited by 3]

Delhi High Court - Orders

State (Nct Of Delhi) Through Deputy ... vs Sumit Gupta And Anr on 20 December, 2022

Bench: Amit Sharma

                          $~3
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     W.P.(CRL) 2064/2022
                                STATE (NCT OF DELHI) THROUGH DEPUTY COMMISSIONER
                                OF DELHI POLICE (SOUTH DISTRICT)        ..... Petitioner
                                                Through: Mr. Sanjeev Bhandari, ASC (Crl.)
                                                         alongwith Mr. Kunal Mittal, Mr.
                                                         Alok Sharma & Mr. Saurabh Tanwar,
                                                         Advocates.
                                                         ACP Ram Sunder, Insp. Saroj Tiwari
                                                         & W/SI Anju Tyagi, PS Sangam
                                                         Vihar.
                                                versus

                                SUMIT GUPTA AND ANR.                               ..... Respondents
                                             Through:            Mr. Rajan Kumar Prasad, Advocate
                                                                 for R-2 (through VC).
                              CORAM:
                              HON'BLE MR. JUSTICE AMIT SHARMA
                                               ORDER

% 20.12.2022 CRL.M.A. 26306/2022 (Stay-Impugned order) The present application has been initiated by the petitioner seeking stay on directions issued in paragraph-19 of the impugned order dated 31.08.2022 passed by Shri Sandeep Yadav, learned ASJ/Special Judge (Electricity), South District, Saket District Courts, New Delhi.

Learned Additional Standing Counsel, appearing on behalf of the petitioner submits that vide order dated 06.09.2022, this Court had stayed the proceedings for initiation of contempt of court action against the officers. It is submitted that impugned order dated 31.10.2022, wherein, the directions were issued for initiation of contempt proceedings and the impugned directions in paragraph-19 are inter-related and arise out of the Signature Not Verified Digitally Signed By:ANITA BAITAL Signing Date:23.12.2022 15:14:57 same report dated 26.10.2022.

In view of the aforesaid circumstances, it is prayed that directions in paragraph-19 should be stayed till the next date of hearing.

Issue notice to the respondents.

Learned counsel Mr. Rajan Kumar Prasad, appears through video conference and accepts notice on behalf of the respondent no. 2.

On petitioner taking necessary steps, issue notice to the respondent no. 1, by all permissible modes including electronic mail, if any, returnable on the date already fixed i.e. 03.02.2023.

In the meantime, the directions contained in paragraph-19 of the impugned order dated 31.08.2022, shall be kept in abeyance.

CRL.M.A. 22075/2022

As per order dated 31.10.2022, the amended memo of parties has already been taken on record. Let the registry take necessary steps regarding the same before the next date of hearing.

CRL.M.A. 22076/2022

This is an application under section 482 of the Cr.P.C., seeking convert and/or treat the present petition filed under Article 226 of the Constitution of India to petition under section 482 of the Cr.P.C. read with the principles of Article 227 of Constitution of India.

Re-notify on 03.02.2023, the date already fixed.

AMIT SHARMA, J DECEMBER 20, 2022/bsr Signature Not Verified Digitally Signed By:ANITA BAITAL Signing Date:23.12.2022 15:14:57

Unlock Advanced Research with PRISMAI

Delhi High Court - Orders