Shiv Shankar v. State & ORS.

$~37 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 514/2019 SHIV SHANKAR .....Petitioner Through:

Mr. Girjesh Pandey, Advocate

Versus

STATE & ORS.

.....Respondents Through:

Mr.

M.S.

Oberoi, Additional Public Prosecutor for State with SI Rinki.

CORAM:

HON'BLE MR. JUSTICE SUNIL GAUR

O R D E R

% 31.01.2019 Crl.M.A. 2181/2019 (Delay) There is delay of 68 days in re-filing the accompanying petition. For the reasons stated in the application, it is allowed and the delay is condoned.

The application is disposed of.

CRL.M.C. 514/2019 & Crl.M.A. 2180/2019 (Stay) Quashing of charge sheet for the offences under Sections 279/338 of IPC is sought on merits.

Since the petitioner has an alternate and efficacious remedy to seek discharge from trial court by urging the pleas taken herein, therefore, this Court is not inclined to exercise its inherent jurisdiction under Section 482 of Cr.P.C.

CRL.M.C. 514/2019

It is brought to the notice of this Court that the matter is coming up before the trial court on 7th March, 2019 for hearing on the point of charge.

Since petitioner claims to be aspirant to join civil services, therefore, the hearing on the point of charge be expedited by the trial court and it be completed within six weeks from the date so fixed. This petition and application are accordingly disposed of, with liberty to petitioner to urge the pleas taken herein before the trial court at the stage of framing of charge.

Dasti.

(SUNIL GAUR) JUDGE JANUARY 31, 2019 p'ma CRL.M.C. 514/2019