Dhirender Chhaunkar v. State Of NCT Of Delhi & ANR.

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 526/2025 & CRL.M.A. 2575/2025 DHIRENDER CHHAUNKAR .....Petitioner Through:

Mr. Kartikeya Rastogi, Adv.

versus STATE OF NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Kiran Bairwa, APP for the State.

Mr. Sugam Puri, Advocate for R-2.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 07.03.2025 1.

By way of the present petition, the petitioner seeks following relief: "a) Set-aside Impugned dated 20.01.2025 passed by the Ld. Sessions Court, Tis Hazari (West) Courts, Delhi in Criminal Revision Petition bearing No. 16/2025;

b) Release the Petitioner from civil imprisonment;" 2.

On the last date of hearing, while the learned counsel for the petitioner appeared before this Court, drew this Court's attention to the fact that a similar relief had been sought by him before the learned Trial Court, which was pending. The learned counsel appearing for the petitioner herein stated that he will withdraw the petition which is pending before the learned Trial Court and, therefore, a short date was given in this case. The Trial Court Record in the digitized format was also called to clarify if any application seeking similar relief is pending before the learned Trial Court. 3.

Shockingly, the certified copies of the order dated 24.02.2025 and 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 11/03/2025 at 12:00:51

05.03.2025 have been placed on record by the learned counsel for respondent no. 2, which show that the learned counsel appearing for the petitioner herein, who is the counsel for judgment debtor before the learned Trial Court, denied having made any submission before this Court that the application seeking similar relief, as sought before this Court, was undertaken to be withdrawn by him before this Court. 4.

However, now at this stage, after some arguments, since this Court is not inclined to grant the relief, as the similar relief is pending consideration before the learned Trial Court. The learned counsel appearing on behalf of the petitioner states that he wants to withdraw the present petition and he will avail his remedies first, before the learned Trial Court. 5.

Accordingly, the present petition stands dismissed as withdrawn. 6.

The learned Trial Court is requested that the application filed before it be decided expeditiously, since the petitioner herein is in judicial custody. 7.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J MARCH 07, 2025/A Click here to check corrigendum, if any 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 11/03/2025 at 12:00:51