Delhi High Court - Orders
Tdi Infrastructure Ltd vs Govt.Of Nct Of Delhi & Ors on 9 May, 2022
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~49
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 2081/2022, CRL.M.A. 8813/2022
TDI INFRASTRUCTURE LTD. ..... Petitioner
Through: Mr.Abhimanyu Bhandari, Ms.Roohe
Hina Dua and Ms.Mansi Gupta,
Advocates.
versus
GOVT.OF NCT OF DELHI & ORS. ..... Respondents
Through: Mr.M.P. Singh, APP for the State
with SI Kamal Kohli, P.S.: EOW.
CORAM:
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
ORDER
% 09.05.2022 CRL.M.A. 8814/2022 Exemption allowed, subject to all just exceptions Application stands disposed of.
CRL.M.C. 2081/2022, CRL.M.A. 8813/2022
1. This is an application filed on behalf of the petitioner under Section 482 Cr.P.C. read with Section 483 Cr.P.C. for quashing the FIR No.42/2018 dated 19.04.2018 for the offences under Sections 406/420/120B I.P.C. registered at Police Station: Barakhamba Road, New Delhi in respect of EOW-chargesheet dated 04.12.2022.
2. Issue notice. Learned APP for the State appears on advance notice served upon the State and accepts notice.
3. Issue notice to respondent Nos.3 and 4 by all permissible modes on necessary steps being taken by learned counsel for the petitioner, returnable for 26.08.2022.
4. It is submitted by learned counsel for the petitioner that the present matter arises out of real estate project in the form of integrated township Signature Not Verified Digitally Signed By:DINESH CHANDRA Signing Date:13.05.2022 12:57:58 with the name of „TDI City‟, Kundli, Sonepat, comprising of residential, institutional and commercial plots of various dimensions. The case is stated to have been registered pursuant to the order dated 08.03.2019 passed by Ld.M.M. and the chargesheet is stated to have been filed. It is further submitted that the dispute between the parties arises out of the delay in handing over the timely possession of the residential flats in Kingsbury project. Further, the dispute is stated to be civil in nature which has been given a colour of criminality. Consumer complaints are also stated to have been preferred by the petitioner before the District Consumer Disputes Redressal Forum which stands transferred to State Consumer Disputes Redressal Forum.
5. Learned counsel for the petitioner also submits that a Co-ordinate Bench of this Court vide order dated 12.04.2022 in CRL.M.C.1788/2022, 1846/2022, etc. in respect of similar disputes has directed that in case exemption application is preferred by petitioner before the learned trial court, the same shall be considered favourably till the next date of hearing.
Till the next date of hearing, in case any exemption application is preferred by the petitioner before the learned trial court, the same shall be considered by the learned trial court favourably.
List on 26.08.2022.
ANOOP KUMAR MENDIRATTA, J.
MAY 9, 2022/R Signature Not Verified Digitally Signed By:DINESH CHANDRA Signing Date:13.05.2022 12:57:58