High Court of DelhiW.P.(CRL)/31/2024

Anand Kumar & ORS. v. State Of NCT Delhi & ORS.

2024-01-04Hon'Ble Mr. Justice Anoop Kumar Mendiratta2 pages

$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 31/2024, CRL.M.A. 266/2024 ANAND KUMAR & ORS.

..... Petitioners Through:

Mr.Milan Laskar, Advocate with petitioner No.1 in person versus STATE OF NCT DELHI & ORS.

..... Respondents Through:

Mr.Yasir Rauf Ansari, ASC (Criminal) with Mr.Alok Sharma and Mr.Vasu Agarwal, Advocates with SI Parveen Kumar, PS Malviya Nagar.

CORAM:

HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA

O R D E R

% 04.01.2024 CRL.M.A. 267/2024 Exemption allowed, subject to just exceptions. Application stands disposed of.

W.P.(CRL) 31/2024, CRL.M.A. 266/2024 A criminal writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 („Cr.P.C.‟) has been preferred on behalf of the petitioners with the following prayer: "1. Issue a Writ of mandamus, direction in the nature of Mandamus to quash the FIR No 161/2018 u/s 420. 34 IPC at P.S Malviya Nagar Delhi may kindly be quashed against the petitioners."

Issue notice. Learned Additional Standing Counsel (Criminal) appears for the State on advance notice and accepts notice. 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 06/05/2024 at 15:20:03

Learned ASC, on instructions from SI Parveen Kumar (IO), submits that investigation in FIR No.161/2018 under Section 420/34 IPC registered at PS Malviya Nagar, Delhi is underway and charge-sheet is likely to be filed within a period of four weeks. He further informs that the applicants/petitioners have joined the investigation and prosecution does not intend to arrest the petitioners till filing of the charge-sheet. The statement is taken on record.

Learned counsel for the petitioners without prejudice to his rights and contentions seeks to withdraw the present writ petition in view of the statement of the learned ASC.

Writ petition is accordingly dismissed as withdrawn. Pending applications, if any, also stand disposed of. ANOOP KUMAR MENDIRATTA, J.

JANUARY 4, 2024/v 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 06/05/2024 at 15:20:03